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Adoption in South Africa

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Adoption in South Africa

Adoption is a wonderful thing for married couples, in fact it’s available to all people, married or unmarried, who cannot conceive. It’s also an excellent way for same sex couples to enjoy parenting. A widow or a widower may opt for this route; or the spouse of a person who has children from a previous marriage. This can be one of the most rewarding and fulfilling things to do. People who have an abundance of love to share and give to a Child can accomplish this by adoption and it is certainly an awesome thing to do; unfortunately all too often people don’t do it because they do't know where to start and it seems too difficult. Martin Vermaak Family Law Attorneys often help people who have thought it impossible for them to adopt.

It’s a long and complex road and there can be complications but to an Attorney it’s a  normal and familiar part of Family Law. A Family Law Attorney can turn your complicated road into a streamlined process.

For Martin Vermaak Attorneys, it’s a straightforward part of Family Law with which they are acquainted and comfortable in undertaking.

In South Africa it’s a legal process regulated by the Children’s Act. The existing parental authority – held by a mother or father – over the child becomes terminated and awarded to the new adoptive parent(s). Once the adoption process is completed the adopted child then becomes – to all intents and purposes – the child of the adoptive parent.

It’s a must to see a Family Law Attorney because If an informal agreement is made between the Child’s parents to put that Child in the custody of another person, this is not the same as a legally binding Adoption; and such an arrangement can be tenuous and revoked in certain circumstances. Thus the Child is not so protected in an informal arrangement which therefore jeopardises the Child’s stability and permanency planning.

The only Court that has the power to grant an Adoption Order is the Children’s Court in the jurisdictional area where the child lives.

There are many questions to be answered and many boxes to be ticked – for example, we’ve told you who can adopt but you also need to know many other things before embarking on this wonderfully satisfying journey. Did you know, for example, that the Court must take many factors into consideration prior to consent to an Adoption Order and there are occasions when the Child itself can consent; there are even occasions when consent is not needed, and there are different ways of having an Adoption Order granted.

After the Adoption Order has been granted the Child may get the surname of its adoptive parents and a new birth certificate can be issued, however it is possible for the Child to keep its original surname if that is preferred.

There are so many exciting and joyous pleasures that come from adopting a Child so don’t deny yourself and the Child just because you feel it’s too complex.


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