Central African Republic: Factfile, High court rules in Mkhwebane’s favour in Tshidi, Mostert matter, Fita gets closer to possibly unlocking cigarette ban, Young ballet boy draws attention of Viola Davis, New Covid-19 variants: What we know so far, in 500 words, No annual fee increase for pharmacy professionals next year – council, Health department suspends screening at Beitbridge, Mkhize says UK minister’s claims on Covid-19 variant ‘incorrect’, The Citizen e-edition/ print bundle subscription rates. The step-parent would apply to adopt the child by signing at court. Subscribe to our Free Daily All4Women Newsletter to enter. The application may be done earlier in the process at some courts. The choice of social worker to assist in the adoption is important because the social worker will take you through the process and ensure that the legal process has been followed correctly. Mkhize says UK minister’s claims on Covid-19 variant ‘incorrect’, Africa Guardianship on the other hand is the right to administer the child’s property, to assist the child in administration, contractual or other legal matters, and to consent to a child’s marriage, adoption and departure from South Africa, application for a passport, or … If due process is not followed, the adoption can be challenged in court. Here section 10 of the Act is of use. The centre asked for an order declaring that section 230(3) of the Children’s Act did not preclude a child from being adoptable in instances where the child had a guardian and where the person seeking to adopt was the spouse or life-partner of the guardian. In signing consent for the adoption by the step-parent, the biological parent must realise that the implication of this is that should the couple ever get divorced, the adoptive parent will have the same rights towards the child as if the child was born from their marriage, and would have the right to apply for custody in this situation. Some rights are inherent upon the union of the stepdad and the child's biological mom, while others can be obtained by order of the court. Formalities of Marriage in South Africa Same-Sex Relationships Unmarried Parents and Children Parental Rights and Responsibilities Care and Contact (Custody) of Children Divorce In South Africa Divorce Process in South Africa Division of Assets in Divorce Divorce and Retirement Funds Rule 43 and Interim Maintenance Divorce a Missing Spouse © 2021 All4Women.co.za All rights reserved. One of the Categories of “Persons who may adopt a child” in the Children’s Act, is: “ …a married person whose spouse is the parent of the child, or by a person whose permanent domestic life–partner is the parent of the child”. This process establishes the “adoptability of the child” which must be proven before an adoption can be granted. Alternative options include approaching a legal aid clerk or … The content of this agreement will depend on the relationship between the parent and child prior to the adoption and has to be in the best interest of the child. She said the centre had received numerous telephone calls and e-mails over recent months from parents, step-parents and practitioners who had been turned away by the Children’s Court when seeking to apply for a step-parent adoption. The normal rules of civil proceedings in a magistrate’s court apply. It shifted the focus from the rights and power of the parent, as embodied in the word “custody”, and brought children’s rights to the fore (denoted by the word “care”). As of 2015, more than half of the South African population was living under the official poverty line, and homes headed by black African women are at greatest risk of impoverishment. They would also need to provide a medical report, personal reference letters and proof of income. On some levels, the law treats a step-parent similarly to a natural parent in examining the parent's relationship to the child and his or her significance in the child's life, rather than focusing solely on the source of DNA. This does not mean that the step parent does not have an obligation to ensure that the child is well cared for, but rather that the step parent has no right to dictate who has access to the child. New Covid-19 variants: What we know so far, in 500 words, Health Judge Andre Louw heard legal argument and reserved judgment in the application by the University of Pretoria’s Centre for Child Law (CCL) even though Social Development Minister Bathabile Dlamini did not oppose the application. Even if the divorce settlement has awarded sole custody to one biological parent, the consent of the other biological parent is still required in adoption matters. SIGN OUT. There is then a 60-day period during which the person can withdraw their consent, before it becomes binding. The Children’s Act 38 of 2005 provides that a parent has the following rights and responsibilities towards his/her child: to care for a child; to keep contact with a child; With the implementation of the Children’s Act (2005)5 South African law moved from a narrow focus on biological parents to the concept of ‘parental responsibilities and rights’. BACK TO CITIZEN Any child (a person younger than 18 years of age) may be adopted, where: 1. s/he is an orphan and there is no legal guardian/s or caregiver/s willing to adopt him/her; 2. his/her parent/s or legal guardian/s cannot be established; 3. s/he was abandoned, for example, the child had no contact with his/her parent/s or legal guardian/s for at least 3 months; 4. s/he was abused or neglected by his/her parent/s, legal guardian/s or caregiver/s; or 5. s/he needs a permanent home. SIGN IN The exception is the parent who is the spouse/ partner of the one applying to adopt in a step-parent adoption situation. Once the adoption is finalised, the child may take the step-parent’s surname and the step-parent will have full rights and responsibilities towards the child as if the child were born to him or her. “It is undesirable to have laws that are vague, unclear or contradictory, particularly when they affect children,” she said. As part of the laws protecting children's rights in South Africa, based on Section 20 of the Children’s Act No 38 of 2005, the biological married father of a baby has full parental rights and responsibilities if: If he is married to the child’s mother, or If he was married to the child’s mother at- … This is not true. The court was also asked to declare that section 242 of the Children’s Act did not automatically terminate all the parental responsibilities and rights of the guardian of a child whose spouse or life partner sought to adopt the child. Private social workers are a good option but there is currently no binding regulation of fees in private practice, so the best would be to ask for a breakdown of their rates at the beginning so that you can make an informed choice. However, when the court does make these changes, they will consider what’s in the child’s best interests. 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