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Regulations under the Child Care Act, 1983 (No. 74 of 1983)

Adoptions
21. Adoption procedure

1)
a) The children’s court assistant shall, if this has not already been done, cause the application
for adoption to be investigated by a social worker or an accredited social worker and submit
a report by the social worker or accredited social worker on this investigation to the
children’s court in which the application was made.
b) The report on the investigation referred to in paragraph (a) shall be a proficient and objective
document and shall include the following:
i) Reference to the provisions of section 18(3) and (4) of the Act with specific mention of
the circumstances of the applicant or applicant, and of the parent and child;
ii) details of any counseling in respect of the proposed adoption;
iii) a disclosure statement itemising all moneys paid or estimated to be or to have been
paid in cash or in kind, either directly or indirectly, by or on behalf of the applicant for
services rendered, professional fees and disbursements, other fees and other costs
incurred or to be incurred in respect of the adoption or for the care of the child,
including prenatal, delivery and postnatal medical expenses, housing, food, clothing,
travel and hospital costs and legal fees and fees to the messenger of the court;
iv) a motivated recommendation; and
v) such other matters as the court concerned may require.
c) If the court has satisfied itself on the strength of the said report and any other information
obtained as regards the matters mentioned in section 18(4) of the Act, and that the
application for adoption is not being opposed, the court may, in its discretion, consider the
application and make an order granting the adoption without giving a hearing to any person.
d) Notwithstanding the provisions of paragraph (b), the contents of a report referred to in
subregulation (a) shall not disclose details relating to the identity or whereabouts of the
proposed adoptive parents or of the child, if he or she is already in their custody, without
their prior written approval, unless required by court.

2) If an application has not been or cannot be finalised in terms of subregulation (1)(c), a date for the
formal hearing of the application by the children’s court shall be fixed and a notice in the form of
Form 1A shall be issued by the clerk of the children’s court concerned to notify each adoptive
parent of the hearing.

3) A parent shall not be present during the proceedings of the children’s court involving an application
for the adoption of his or her child unless allowed to be present at the discretion of the court if it is
not of the opinion that his or her presence will serve the best interest of the child.

4) If a children’s court assistant or a children’s court is, at any stage of the proceedings for the adoption
of a child, of the opinion that reasonable grounds exist to dispense with the consent of a parent in
terms of section 19(b) of the Act, the court shall request the clerk of the children’s court to cause a
notice in the form of Form 22 to be served on the parent concerned requiring him or her to appear
in that children’s court at the time and place stated in the notice should he or she wish to advance
reasons why his or her consent should not be dispensed with.

5) The notice referred to in subregulation (4) shall set out particulars that are reasonably sufficient to
notify the parent concerned of the grounds why his or her consent may be dispensed with and shall
be served on the parent concerned at least 21 days before the said date of appearance.
5A) An application to the children's court contemplated in section 19A(9) of the Act shall be made within
a period of 14 days of the mother's refusal to grant consent in terms of section 11(4) of the Births
and Deaths Registration Act, 1992 (Act No. 51 of 1992).

5B) A natural father of a child born out of wedlock contemplated in section 19A(9) of the Act, shall, within
a period of seven days of the granting of the order, cause an amendment to be effected to the
registration of birth of the child, as contemplated in that section.

5C) A natural father of a child born out of wedlock contemplated in subregulation (5B) shall, within a
period of seven days of making an application for the amendment of the registration of birth of the
child, in writing, give notice of such application to the clerk of the children's court in which the
application for the adoption of the child was made, providing details of the date and place where
such application for the amendment of the registration of birth of the child was made.

5D) A natural father of a child born out of wedlock contemplated in section 19A(8) of the Act shall, within
a period of seven days of making an application for the amendment of the registration of birth of the
child, in writing, give notice of such application contemplated in section 19A(1) of the Act to the
commissioner, providing details of the date and place where such application was made.

6) If the parent is not present at the children’s court on the said date and the court is satisfied that--
a) proper notice has been duly served on the parent and there is no apparent reason for the
parent’s failure to appear, the court may immediately hold the hearing and give judgement;
or
b) proper notice has not or could not be served on the parent the court may, in its discretion,
give direction for such further or better service of the notice as it may deem fit or, only in the
case of the circumstances referred to in section 19(b)(ii) of the Act, immediately hold the
hearing and give judgement.

7)
a) When the children’s court considers an application for the adoption of a child, the mere
submission of the written report referred to in subregulation 21(1), purported to be compiled
and signed by a social worker or an accredited social worker, and, in addition, if applicable,
the report of any other person who can form an authoritative opinion on any matter relevant
to the application, shall be prima facie proof of the facts stated in that report.
b) The contents of the report referred to in paragraph (a) shall at any formal hearing referred to
in subregulation (2) be disclosed to any party who is directly affected by it at his or her
request.
c) A party referred to in paragraph (b) shall, if he or she so desires, be given an opportunity to
cross-examine the author of the report concerned in regard to any matter arising from the
report referred to in paragraph (a) and to refute any statement appearing therein.
d) The commissioner concerned shall clearly explain to a party referred to in paragraph (b) the
consequences of a failure to refute statements appearing in a report referred to in paragraph
(a).
e) At a hearing of an application for the adoption of a child, the applicant and the parent on
whom a notice referred to in subregulation (4) has been served, shall have the same rights
and powers as a party to a civil action in a magistrate’s court in respect of examining
witnesses, adducing of evidence and addressing the court.

8) Where an order for the adoption of a child has not been granted or where consent to the adoption of
a child has been withdrawn or has not been dispensed with in terms of section 19 of the Act, the
child shall, subject to the provisions of section 13 or 15 of the Act, at the request of the parent or
guardian be restored to his or her custody through a social worker or an accredited social worker or
person designated by the children’s court in the form of Form 21C, where this is deemed by the
children’s court to be in the best interests of the child.

9) An order of adoption shall be in the form of Form 14.