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Consent and withdrawal of consent to adoption by a parent or guardian of a child

Description

‘Consent’ is written permission by the biological parents or where there are no biological parents, by a guardian, that is given to prospective adoptive parents to adopt a child.

Consent can be given by the parents, the guardian of the child or the child. A child can consent to adoption if he or she is 10 years or older.

Notwithstanding the provisions of any other law, the parent of a child who has given consent to the adoption of his or her child has the right to withdraw such consent up to 60 days after the consent has been given. A children's court shall not make any order of adoption final before the period of 60 days has expired.

Circumstances in which consent to adoption is not required

The consent of a parent or guardian of the child to the adoption of the child, is not necessary if that parent or guardian:

If the parent referred to above is the biological father of the child, the consent of that parent to the adoption is not necessary if:
Notice of consent to adoption

When a child becomes available for adoption, the presiding officer must without delay cause the sheriff to serve a notice on each person whose consent to the adoption is required. The notice must:

If a person on whom a notice has been served fails to comply with a request contained in the notice within 30 days, that person must be regarded as having consented to the adoption.

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Steps to follow 

Giving consent
  • If you are a parent or guardian of the child, complete Form 61, Consent by parent or guardian to  The adoption of a child;
  • If you are the child and 10 years of age or older, complete Form 62, Consent by child to adoption.
  • Consent must be given in writing. If it is given in South Africa, the person or persons giving the consent must sign it in the presence of a  presiding officer of the children's court, who shall then attest the consent.
  • Consent granted outside South Africa must be signed in the presence of and attested by an officer in the service of a South African diplomatic or consular mission, or by a judge, magistrate, justice of the peace or public officer of the country concerned.
  • Although the consent should contain the names of the proposed adoptive parents, the children's court may admit consent by the child's parents or guardian which does not contain the names or any other particulars of the proposed adoptive parents if it is satisfied that the best interests of the child will be served thereby.
Withdrawing Consent
  • Consent must be withdrawn in writing. If you are the parent or guardian of the child, complete Form 64, Withdrawal of consent to adoption by parent or guardian of child, before any presiding officer within 60 days after having given such consent.
    • Should consent be withdrawn in a district other than the district in which consent was given or in which the application for adoption is to be heard, the presiding officer shall immediately -
    • notify the relevant court and social worker (if it is known) in which court the application for adoption will be heard; or
  • notify the presiding officer who attested the consent (if it is not known) in which court the application for adoption will be heard.
The presiding officer shall immediately identify the court in which the application for adoption will be heard and notify both the court and the social worker about the withdrawal.

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Legal framework

(Documents are provided in PDF format. To open PDF documents, you need to have Adobe Acrobat Reader 4 or higher installed on your computer.) 

Children’s Act, 2005 (Act 38 of 2005) as amended
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Service standard 

  • The time frame for processing the application for adoption depends on the complexity of the case.
  • Before the presiding officer  attests the consent, he must inform the person who is granting consent  of the legal consequences of an adoption
    • that, in the case of consent by a parent, the parent concerned may withdraw the consent in writing on Form 64 before any presiding officer  at any time within 60 days after having given such consent;
    • that the person concerned (the person who wishes to adopt a child) may be present when the application for adoption is considered unless the court, at its discretion, grants him or her permission to be present, because it is of the opinion that his or her presence will serve the best interests of the child.
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Cost 

The service is free.

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Forms to complete 

Forms are available at the Department of Social Development office or from your nearest Magistrates Court.

Available

Title

Form ID

Languages

Available Online

URL

Yes

Consent by parent or guardian to tie adoption of a child

Form 61

Eng

No

 

Yes

Withdrawal of consent to adoption by parent or guardian of child

Form 64

Eng

No  

 

Yes

Consent by child to adoption

Form 62

Eng

No

 

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