FAQ – Adoptive Parents

Yes you can – South African law does not discriminate against gay or lesbian couples adopting. However, adoption agencies have their own criteria and will be upfront about whether they accept same-sex couples as applicants for adoption. If you are successfully screened a child will be matched according to the wishes of the birth parent(s), the needs of the child and your specific ability to cope with a child as a same-sex couple.

Yes you can – South African law does not discriminate against single parents. The screening process will specifically deal with your ability to cope with raising a child on your own. As a single person your support structures become vitally important in raising a child and this will also be examined with you. If you are successfully screened a child will be matched according to the wishes of the birth parent(s), the needs of the child, and your specific ability to cope with a child as a single parent.

Just as adoptive parents feel the need to know the HIV status of the child, so those responsible for placing the child believe they should have this information. You are however, not compelled to disclose your status.

While the law does not prohibit this, it is discouraged as the child will become part of the household and must be accepted as such.

No, South Africa does not have a system where adoptive parents can consult a set of profiles from which to select a child, and the practice of visiting homes to see adoptable babies is discouraged. They can, however, express some desires and wishes regarding race and gender and the social worker will be aware of what your heart desires. For the most part, the birth mother will chose who she considers to be the best for her baby. It is important to begin the journey with the decision to adopt, and not as a result of seeing a child in need of a family.

When a birth mother plans an adoption it is a legal requirement that she informs the court and the social worker who the father is. If the father is known, he must be contacted and informed about the adoption process. He then has the right to adopt his own child. He will have to be assessed and found suitable to adopt. A decision will be made in terms of what is in the best interest of the child. If the father is unknown or cannot be found, his rights will be terminated.

No, finances are not a consideration for adoptive parents beyond their ability to sufficiently provide for the child. Legislation prohibits any discrimination due to financial grounds.

No, but adoptive parents do need to have the means to be able to care adequately for the child.

A typical scenario in this regard would be where a divorced couple / separated biological parents remarry and one party’s new spouse wishes to formally adopt their spouse’s child. Once again, the adoption agency will be approached and the biological mother or father will have consent to relinquishing their parental rights. If the child is over 11, he or she will also be asked for consent. The same adoption process will then be followed and processed by the Children’s Court.

There is no specific period of time; every adoption is unique and the time it takes to complete will depend on several issues. For example, if you want to adopt a white or Indian child it will take longer as there are less of these children available for adoption. If you want to adopt a black child the waiting period may be shorter due to the fact that there are many children requiring placement. You should discuss the time frames with your social worker, but remember that this is a life-changing event that cannot be rushed.

Yes – there is no perfect profile or age for a person to raise children and individuals will be evaluated on their suitability according to a holistic range of characteristics, such as health, support structure and motivation, with the child’s best interests in mind.

Yes, and the same process applies to older children even though their circumstances may be different to those of new-born children and the legal process may be more complicated due to issues of parental rights and the family dynamic.

When considering an inter-racial adoption you should begin by examining your own racial prejudices very carefully. Your social circumstances should be such that you are part of a racially-integrated community and that your family will accept a child of a different race. Furthermore, your decision will be carefully explored by the social worker who screens you.

The cost of an adoption will depend on the adoption agency or social worker that you are working with. Make sure that you ask about fees upfront so that there are no surprises and disappointments later. Also note that adoption fees are regulated; the fees should only cover legitimate costs that have been discussed with your social worker and that forms part of your adoption contract. You should never be requested to pay over money directly to the birth parent(s).

According to the Children’s Act you can apply to adopt

• as a married couple,
• as a single person,
• if you are in a permanent domestic life partnership, and/or
• if you are living in a common household and form a permanent family unit.

In addition, the following adoption situations may also arise:

• In a step-parent adoption you may adopt your partner’s child from another relationship.
• A biological father whose child was born out of wedlock may apply to adopt his child.
• Foster parents may apply to adopt the child that they are fostering.

Each adoption agency and/or social worker may have specific requirements, such as religion or age. When you contact the agency/social worker, ask for their specific set of criteria. In general you will be required to be screened and assessed – this involves an in-depth process to determine your suitability to adopt.

This makes no difference to your eligibility to be an adoptive parent. It is considered a benefit to be able to place a child in a family where there are already siblings. Adoption agencies will, however, for sound reasons advise against disrupting the existing birth-order, i.e. adopting a child who is older than the first-born for example.

Adoption is a very complicated process that needs to be handled according to specific guidelines. You should always work with an accredited adoption social worker or agency who will guide you through the process. Private arrangements should be carefully monitored and are open to abuse from all parties.

Screening is always the first step in the process. If you find your own birth mother who wants to place her child with you through an adoption process, please get in touch with a social worker immediately.

It is in the best interests of all parties concerned – the child, the birth parent(s) and the adoptive parent(s) – that an adoption is handled by an experienced professional to ensure that everyone’s rights are protected and their needs are met.

When you adopt you should develop a network of support structures that will meet your specific needs. You can join an adoption support group online or in your area. It is also important to ask support from your family and friends.

At present, South Africa has many black children available for adoption. The ages of the children range from newborn to teenagers. The younger the child is, the easier it is to find a suitable family. As these children get older, they become more difficult to place. There are also many children with special needs who require families. These special needs may be that a child is HIV+ or has specific medical, physical or developmental problems. There are also white, coloured and Indian children available for adoption, however there are not as many of these children as there are black children who desperately need loving homes.

Yes. The children undergo comprehensive medical tests and full reports regarding the child’s state of health are disclosed to adoptive parents.

While some new adoptive parents feel an instant connection to their child, it is not always like this. It is natural that a period of adjustment may be required and that this follows a process. How quickly one makes the adjustment is largely dependent on the individual.