"Anyone who ever wondered how much they could love a child who did not spring from their own loins, know this: it is the same. The feeling of love is so profound, it's incredible and surprising.” -Author Nia Vardalos, Instant Mom
FACTS REGARDING ADOPTION
- A child of 10 years or older must agree in writing to be adopted.
- One spouse in a marriage may not adopt a child without the other spouse.
- Gay couples may adopt children.
- Adoption can only be legal if a court order has been made by a presiding officer of a Children's Court.
"Even though you weren't born to us, you grew in our hearts. We will be forever connected because love is what makes a family.”
-Author Deanna Kahler, From Pain to Parenthood: A Journey Through Miscarriage to Adoption
ADOPTION
In terms of Section 228 of the New Children's Act 38 of 2005 a child is adopted if the child is placed in the permanent care of a person in terms of a court order that has the effects contemplated in Section 242 of the Act.
From the above it is clear that an adoption can only be legal if a court order has been made by a presiding officer of a Children's Court. Thus, a legal adoption is an administrative function of the lower court, and Judges of the High Court as upper guardians of children does not have the such function. Once adopted it follows that full parental powers and guardianship flows to the adoptive parents.