Note: The Children’s Act deals with adoption as well as inter-country adoptions. The sections in the Act on adoption came into force on 1 April 2010.

Adoption is a legal way for an adult single person or a married couple to become the legal parents of a child. The Constitutional Court has decided in Du Toit and Another v Minister of Welfare and others 2003 (2) SA 198 (CC) that the Child Care Act was unconstitutional in not providing for partners in same-sex life partnerships to adopt children jointly.

Adoption usually takes a long time. Parties must apply to the Children’s Court for an order of adoption under the Child Care Act.

A child who is adopted must be under 18. A child can be adopted:

• Jointly by a husband and wife
• By a widow or widower or an unmarried or divorced person
• By a person who married the natural parent of the child
• By the natural father of a child born out of wedlock
• By a couple in a same sex life partnership
• By the foster parent of the child