UNDERSTANDING THE LEGAL PROCESS OF ADOPTION IN SOUTH AFRICA
- storm879
- Jul 3
- 4 min read
Updated: Jul 4

Adoption is a common practice in our society. However, we forget that it is a legal construction that requires specialised legal insight to navigate. In South Africa, the adoption process is governed primarily by the Children’s Act 38 of 2005. The Children’s Act provides a structured legal framework for adoption and also safeguards the best interest of the child principle that has to remain paramount as per the Constitution of the Republic of South Africa. In a nutshell, adoption is a deeply transformative legal process that grants a child a permanent family and affords adoptive parents full parental rights and responsibilities.
National vs Inter-Country Adoption
There are two distinguishable forms of adoptions in South Africa, namely, national and international adoptions.
National adoption refers to the process whereby a South African citizen or permanent resident adopts a child who is also a South African citizen and ordinarily resides in the country. These adoptions are conducted within South Africa, and in accordance with South African law and are finalized in South African courts.
Inter-Country Adoption on the other hand occurs when a child residing in South Africa is adopted by a person who is neither a South African citizen nor a permanent resident. These cases are regulated not only by the Children’s Act but also by international treaties, particularly the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, which South Africa ratified in 2003. The Convention is aimed at preventing child trafficking and ensuring that inter-country adoptions serve the best interests of the child.
Let’s breakdown the legal framework and process for adoption in South Africa
All adoptions in South Africa must meet several core legal principles:
The best interests of the child principle is paramount;
Adoption must provide a permanent and stable family environment;
The consent of biological parents or legal guardians is generally required unless parental rights have been terminated by the Court or the child has been abandoned; and
Cultural and religious considerations may be taken into account, but cannot override the child’s best interests.
Step 1: Assessment and Screening
Prospective adoptive parents must be assessed and approved by an accredited adoption social worker, as stipulated in section 250(1) of the Children’s Act. This process includes:
Interviews and home visits;
Psychological and medical evaluations; and
Police clearance and background checks.
Step 2: Registering with the Central Adoption Register
Once approved, the adoptive parents are added to the Central Adoption Register, administered by the Department of Social Development (“DSD”). This register facilitates the matching of children with suitable families and ensures transparency. If a prospective adoptive parent has completed the necessary screening, their social worker will submit the documentation to the DSD. The DSD will thereafter issue a letter of endorsement confirming eligibility to adopt.
Step 3: Matching and Consent
When a child is declared eligible for adoption, they are paired with suitable parents. The key requirements of an adoptive child’s eligibility include:
The child must be under the age of 18;
Written consent is required from both biological parents or legal guardians;
Children over 10 (ten) years of age must also consent, unless mentally incapable of understanding the process; and
If both parents are deceased, the Children’s Court or child’s legal guardian may grant consent.
Step 4: Adoption Proceedings in the Children’s Court
The final step is obtaining an adoption order from the Children’s Court. The Court will assess whether the adoption is in the child’s best interest. If satisfied the Court will issue the order, legally transferring all parental rights and responsibilities to the adoptive parent/s ultimately severing legal ties with the biological family.
Additional Safeguards
For Inter-country Adoptions, additional procedures apply:
The prospective adoptive parents must be found to be eligible by the Central Authority in their home country;
South Africa’s Central Authority together with the DSD and International Social Service (“ISS”), must confirm that no suitable domestic placements are available before approving the inter-country adoption; and
Although the adoptive parents may live abroad, all legal proceedings must still be conducted in a South African Children’s Court.
Post-Adoption Support and Rights
Once an adoption is finalized in South Africa, the child is considered the legal child of the adoptive parent/s. A new birth certificate is issued by the Department of Home Affairs, reflecting the adoptive parents as the child’s legal mother and/or father. While South African law does not recognize “open” adoptions in the legal sense, post-adoption contact with biological families may be arranged through mutual agreement between the parties involved.
In terms of section 3 of the South African Citizenship Act 88 of 1995, a child adopted in accordance with the provisions of the Children’s Act by a South African citizen, and whose birth is registered under the Births and Deaths Registration Act 51 of 1992, automatically acquires South African citizenship by descent.
To support families post-adoption, various services are available, including counselling, family integration assistance, and ongoing social work support. These services help adoptive families adjust to their new dynamics and strengthen their bond.
Conclusion
Adoption in South Africa is a well-regulated legal process designed to safeguard the welfare of children and ensure they are placed in loving and permanent homes. Whether pursued locally or across borders, adoption requires careful legal guidance, professional support and unwavering dedicated to the child’s best interests.
If you are considering or require legal support with adoption, our team of experienced attorneys are here to help. We offer professional and confidential legal advice that will guide you every step of the way.
Contact us at info@rouxlegal.com to schedule a consultation.
By Duduzile Zulu
(Candidate Attorney)
02 July 2025
While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this article, neither the writer/s of the article nor the publisher shall bear any responsibility for the consequences of any actions based on information and/or recommendations contained herein. The URA article material is for informational and educational purposes only.