The decision to adopt a child can be overwhelming, but by setting out the procedure in a step-by-step guide it may seem less daunting:

Step 1: Once you are completely happy with your decision to take the adoption route, you need to consider your financial
position. In order to adopt and raise a child you will require the necessary financial resources.

Step 2: If you are certain that your financial position is adequate and wish to continue with the adoption route, you then need to
decide on the type of adoption you will pursue. There are five common types of adoption: newborn or infant adoption;
foster adoption; open or closed adoption; domestic or international adoption; and special needs and waiting children adoption.

Step 3: Once you have chosen the type of adoption best suited for you and your family, the next step is to select an adoption
agency or an adoption social worker functioning within the adoption system. When working through an adoption
agency, the process usually begins with the prospective adoptive parents submitting an application to the agency.
Each agency has its own set of requirements and you should therefore phone the particular agency to get their set criteria.

Step 4: Many adoption agencies will require prospective adoptive parents to undergo a screening and preparation process.
The screening process involves orientation meetings, interviews with a social worker, full medicals, marriage and
psychological assessments, home visits, police clearance, and references.

Step 5: After the screening process is complete you will be placed on a waiting list for a child. If you have been matched with a
child, arrangements will be made for you to meet the child.

Step 6: The official placement of the child with the adoptive parents is a legal process, carried out though the Children’s Court in
the district where the child lives. Every Magistrate’s Court is also the Children’s Court for its area.

You must complete the relevant application form which can be obtained from the clerk of the Magistrate’s Court. The
application must be accompanied with a certified copy of the child’s birth certificate or identity document, a copy of your
identity document, and a copy of the social worker’s report stating that you are a suitable candidate. You cannot start
the formal procedure of adopting a baby if the baby has not yet been born and identified, and you have not received the birth certificate to submit to court.

Once the child has been with the new parents for a period of time and the social worker has assessed the adoption to be
in the best interests of the child, the adoption is finalised through the Children’s Court. If the court is satisfied that all
the necessary requirements have been met an adoption order is granted (the court has agreed to the adoption in
writing). The child then becomes the legal child of the adoptive parents as if the child was born to them and has all the same rights as a biological child.

• Adoptive parents need to be 18 years or older;

• South African citizens or permanent residents. The Children’s Act 38 of 2005 does not discriminate on the basis of marital status,
race, culture, or sexual orientation of the adoptive parents;

• Stable medical health. If one or both parents have a history of chronic illness or are currently experiencing a serious illness, a
letter from a primary physician is needed stating that they are physically stable and able to parent the child;

• Stable emotional health.

• A husband and wife jointly;

• Two members of a permanent same-sex life partnership jointly;

• A widower or widow;

• An unmarried or divorced person;

• The spouse of a person who has children from a previous relationship.

A widow, widower, or unmarried or divorced person who wants to adopt a child must apply in writing to the Minister of Welfare and Population
Development for consent. The Minister’s decision will be communicated to the court.

The best interests of the child will always be of paramount importance to the court when deciding to grant an adoption order. The court will take
the following into consideration:

• The court must consider the religious and cultural background of the child and of his/her parents, and compare it with that of the
person or couple who want to adopt the child. However, differences in religious or cultural background do not exclude the
possibility of adoption. The older the child the more weight this consideration carries.

• The court must consider the recommendations set out in the social worker’s report. The social worker must be objective.

• Details of the citizenship of the adoptive parents.

• Details regarding the consent by the child, the biological parents and/or foster parents.

• Information about any counselling that may have been given.

• A statement of all money paid by the person wanting to adopt, such as attorney fees and all other costs incurred with a view to
the proposed adoption, which includes the cost of caring for the child such as medical expenses, housing, food, clothing, travel expenses, and other costs.

• The court must be satisfied that the adoptive parents are qualified to so. They must have a good reputation, and be capable of
looking after a child properly, seeing to the child’s education and giving financial support.

The cost of adoption varies significantly depending on the different organizations that facilitate the adoption, and whether the adoption is
processed by Child Welfare, a government-subsidised agency or a private social worker. The Department of Social Development and the
Children’s Court monitor the fees to ensure it remains reasonable, in line with the service provided.

Adoptions can cost between R12 000 and R18 000 (excluding the cost of the medical, police clearance, and psychological examination).
Adoption through a private social worker or adoption organization can cost up to R60 000 (typically inclusive of the external screening and
often includes counselling and support for the child’s birth mother).

There are different stages in the adoption process, as discussed above, and each stage takes a period of time to be finalized.

• The approval of the screening process takes between three to six months.

• The process of matching a child with its adoptive parents depends on the adoption criteria that the adoptive parents have specified. It
can take as little as a few weeks or sometimes even years, especially if the prospective parents are very specific about race, age and gender of the child.

• The legal process of the adoption can take up to a year or even longer for the Adoption Order to be issued and the adoption
to be registered. Once the Adoption Order has been issued the parents go to Home Affairs to obtain a new birth certificate and ID
number for their child and have their child’s name officially changed, should they wish to do so.

1. Begin the process by researching adoption agencies. The agency will handle the entire process involved in adopting a child.

2. After you have chosen an agency it is your duty to go for counselling by an adoption social worker, which is done prior to
signing permission for the adoption.

3. There are two different ways of adoption in terms of the Children’s Act: disclosed adoption where the parties know each other’s
identities, and non-disclosed adoption where a child is to be matched with non-relatives, unknown the parents.

4. Both the biological mother and father of the child must consent in writing to allow the adoption by a specific person or persons. There
are circumstances where the consent of the biological father can be done away with:

• the parent has failed to acknowledge that he is the child’s natural father, or failed to carry out his duties as a parent (e.g. maintenance);

• the child was conceived incestuously;

• the father has been convicted of rape or assault of the mother;

• the parent failed to respond within 14 days to a legal notice of adoption;

• the parent abused the child physically, emotionally or sexually;

• that parent has caused or contributed to the abduction of sexual exploitation of the child;

• the parent has deserted the child, or it is not known where he is;

• the parent is certified as mentally ill;

• consent is being withheld unreasonably.

If the child is 10 years or older then the child must also consent to the adoption.

5. The biological parents have 60 days to confirm their decision to place the child up for adoption. During this period the child is taken care of in a place of safety.

6. Once you have signed the consent forms it is important to stay in touch with the agency to be aware of the adoption timeline and whether it was completed without incident.

7. Upon completion of the legal process of adoption your existing parental authority over the child is terminated and awarded to the new adoptive parents.