WHAT REQUIREMENTS DO I NEED TO MEET TO BE ABLE TO ADOPT?
According to the Act – Section 231(2)
A prospective adoptive parent must be –
(a) Fit and proper to be entrusted with full parental responsibilities and rights.
(b) Willing and able to undertake, exercise and maintain those responsibilities & rights.
(c) Over the age of 18 yrs.
(d) Properly assessed by an adoption social worker for compliance with (a) & (b).
According to relevant policy’ National Guidelines a fit and proper person refers to a person who:
Has been assessed by an adoption social worker and approved against the criteria of honesty, integrity, reputation, competence and capability to be entrusted with the care and protection of a child.
The assessment should also take into account the person’s level of emotional maturity, moral values and personality traits.
Other factors include the physical health, age, as well as the stability of the relationship between the parents, as well as among family members.
The prospective adoptive parent’s social position and social functioning within his or her particular social group and the community.
Character references from the community are required from neutral sources, usually from professionals and unrelated acquaintances.
Home visits and interviews by the social worker are essential to the investigation to gather the required information.
Ability and willing to undertake, exercise and maintain full parental responsibilities and rights in respect of a child.
Full parental responsibilities and rights generally may refer to the following:
Care for the child in line with the definition of care in terms of Section 1 of the Act.
Maintain contact with the child: Contact entails maintaining a personal relationship with the child, and if the child lives with someone else, communicating with the child on a regular basis.
To act as a guardian of the child. According to section 18 (3) a guardian has the responsibility to administer and safeguard the child’s property and property interest, to assist the child in administrative, contractual and other legal matters, to consent to the child’s departure from the republic, application for passport and the alienation or encumbrance (sale or transfer) of any immovable property. Also assist the child during the signing of consent for his/ her adoption or for the adoption of their own children as minor parents.
To contribute to the maintenance of the child. Section 231 (4) states that a person may not be disqualified from adopting a child by virtue of his or her financial status. This means that the adoptive parent/s may apply for means-tested social assistance to financially care for the child. However adoption social workers should ensure that the adoption will be in the best interest of the child.
In instances where the adoptive parent/s have already adopted the child and they separate or divorce, they are both obliged by law to contribute to the maintenance of the adopted child.
Care and contact of the parents towards the child concerned will be determined by the divorce court, based on the best interest of the child principle and standard.
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For more information please feel free to contact us on info@abbaadoptions.co.za
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