By giving his or her consent, the noncustodial parent gives up all rights and responsibilities, including child support. Consent for minor child for relocation and passport application, Child Maintenance Court Process from Start to finish – Adv. Required fields are marked *. What you should do Go to any adoption agency in any province of your choice to apply. Once adopted, the stepchild has the same rights as a biological child. Every South African deserves to know that adoption is an option, and have all the resources and specialists at their disposal to ensure they are properly informed, ready and able to bring an adoptive child into their lives. the biological father has never been in my sons life and on his birth certificate under father its written unknown. DID YOU KNOW: Advocate Muhammad Abduroaf was the advocate who won a ground-breaking case for his client? Stepparent adoptions occur on a regular basis and are one of the most common forms of adoption. His advice on my maintenance issue allowed me to proceed further on my own, with the maintenance court. Grandparents may be ordered to pay child support for their grandchildren, How do I get full custody over my child? Cape Town South Africa. The adoption agency will conduct a screening/ home study to check if you are fit and proper to adopt a child. You must provide the non-custodial parent with notice that you are adopting their child. Stepdads can adopt in every state, but the laws for adoption in each state are slightly different. You can also subscribe without commenting. Whatever the reason, this article deals with the legal aspects. (2) An adoption social worker must make an assessment to determine whether a child, (a) the child is an orphan and has no guardian or caregiver who is willing to adopt. Not only would it assist in resolving the problem you have, but also bring you peace of mind. Child Maintenance in South Africa – Cape Town, Execute and Register your Antenuptial or Prenuptial Contract, Out of Community of Property with the inclusion of the Accrual Regime. Don't subscribe Child born out of wedlock: Mother will not consent to her surname change and to be registered as her biological father. adoption of a person older than 18 years by an adult? Set up a consultation by meeting with us face to face, speaking telephonically, or communicating with each other via video conferencing. Once the step-parent adopts the child, he or she has full parental responsibilities and rights as outlined above., The court can also order that you retain your parental responsibilities and rights over your child. You may want to enter into an antenuptial contract. Consent can be given by the parents, the guardian of the child or the child. Most often, people adopt from South Africa rather than the other way around. The previous relationship could either have been a marriage or just a romantic experience. It will, save in exceptional circumstances, clearly be in the best interests of the child that such an order be made. It often happens that a couple marries and there are step-children involved. What are my rights? The legal procedures involving this scenario are different, as the laws in every State may vary slightly. It starts at section 228 and ends at section 253. Whether you're battling with infertility or simply have a desire to expand your family, adoption might be the right decision for you. Sadly this rules out the possibility that a step-parent can adopt their adult step-child. The prevailing principle in South Africa is that a spouse has no general duty to support a child born of another marriage unless the child is, in consequences of a … In order to be eligible for ‘step-parent adoption’ the child in question must be under 18 when the application is made (and cannot be over 19 when the order itself is granted). (ii) partners in a permanent domestic life-partnership; or. adopting stepchild through marriage. With both situations, I knew very little regarding the process and my rights, as an applicant. As you would see further below, an adoption order has the following effect: (a) confers full parental responsibilities and rights in respect of the adopted child upon the adoptive parent; (b) confers the surname of the adoptive parent on the adopted child, except when otherwise provided in the order; (c) does not permit any marriage or sexual intercourse between the child and any other person which would have been prohibited had the child not been adopted; and. For a full view of the Act and the relevant sections, click here. Have child custody disputes increased during the National Lockdown? There have been many queries about step-parent adoptions and there seems to be little information regarding what is involved in the process from a South African perspective. (d) does not affect any rights to property the child acquired before the adoption. The adoptive parents will be briefed on what adoption involves. This was where the Cape High Court confirmed the extensive powers of the Maintenance Court, which includes interdicting pension funds. (e) the child is in need of a permanent alternative placement. A child can consent to adoption if he or she is 10 years or older. Stepparent adoption is a form of “relative adoption,” which is adoption of a child by somebody who is related to the child by blood or marriage. This article explains the process and requirements. Questions parents ask in child custody disputes. South African expatriates and South African Family Law – What do they need to know? What are frequently asked question on child custody disputes? This was not possible for over 80 years. Is it possible and what are the rights of the biological parents? Webinar – Gender Based Violence in South Africa GBV – What are your legal remedies? If so - Answered by a verified Family Lawyer . Adoptive parents need to be 18 or older and South African citizens or permanent residents. At the same time, unless there is a post-adoption agreement stating otherwise, the other parent loses all his or her rights over the child. Muhammad Abduroaf. What can I do? 242. Description: The decision to adopt is life changing for both the respective parents and the child. For years this beautiful landlocked country in the horn of Africa was one of the top five sending countries to the United States. Set up a consultation by meeting with us face to face, speaking telephonically, or communicating with each other via video conferencing. All Rights Reserved, Department of Justice and Constitutional Development, Children’s Act, 2005 (Act 38 of 2005) as amended, Adoptions - Department of Social Development. This is the case, even if the other parent is still alive and in the picture. What are mothers and fathers’ rights when it comes to custody over their child? Lastly, should all go well, the court would make an adoption order. If you want to adopt a stepchild, you must have the consent (or agreement) of both your spouse and the child’s other parent (the noncustodial parent) unless that parent has abandoned the child. The first related to a child maintenance issue and the second, an international relocation application with the high court. A child whose parents are both dead is available for adoption. Are evictions from family homes during Lockdown Alert Level 2 allowed? I.e. Discuss this decision as a couple and a family. Or has things gotten better? All Adopting a Family Member; Stepchild Adoptions; The Legal Process of Stepchild Adoption. What do I need to know with regard to the law? Find out more about consenting to adoption or contact the Department of Justice and Constitutional Development on 012 357 8205 or e-mail: children@justice.gov.za A spouse would therefore have a child from a previous relationship. In terms thereof, an adoption order terminates those rights “except when provided otherwise in the order…………… The Children’s Court therefore has a discretion to order that the rights and responsibilities of a child’s parent or guardian will not terminate upon the grant of an adoption order in favour of the step-parent. You will want to verify with them if you can legally represent yourself (if you’re choosing that route) and where you can find the necessary stepchild adoption paperwork. Face to Face, Telephonic or Video (Skype, Zoom, FaceTime or WhatsApp Video). The previous relationship could either have been a marriage or just a romantic experience. Passport Application of a Minor Child and Consent – Department of Home Affairs, Frequently Asked Questions and Answers on Prenuptial and Ante-nuptial Contracts. Legal Services | Face to Face – Telephonice – Video (Zoom | FaceTime | Skype | WhatsApp Video). cheryl (d) any previous order made in respect of the placement of the child. Consent to adopt . Adopting your partner's children is often a big step in your relationship with your new partner, and it can be a big legal step too. Once a child has been adopted by a step-parent, the court can order that both the step-parent and spouse (other biological parent) are the holders of parental responsibilities and rights. What all separated parents should know prior to the holiday season. ‘Consent’ is written permission by the biological parents or where there are no biological parents, by a guardian, that is given to prospective adoptive parents to adopt a child. This is a big concern for the Department of Social Development. In this case, the court made the following order: [17] In the result, I grant the following order: 1.It is declared that section 230(3) of the Children’s Act, 38 of 2005, does not preclude a child from being adoptable in instances where the child has a guardian and the person seeking to adopt the child is the spouse or permanent domestic life-partner of that guardian. (36 Posts) Add message | Report. One of the main requirements of stepchild adoption is getting the consent of both birth parents – your spouse and the noncustodial parent. I wasn’t even required to be in person, at the high court. This website provides just that, and is run by a team of dedicated adoption professionals. We will first deal with the issue as which child may be adopted. Find out more about  consenting to adoption or contact the Department of Justice and Constitutional Development on 012 357 8205 or e-mail: children@justice.gov.za. The best part was that he was there every step of the way. Step-parents can apply to adopt their spouse’s or partner’s child without the partner, who is already the biological parent of the child, also applying to adopt the child. Generally, you'll hire a sheriff's deputy or private process server to deliver the documents to them. Step #1. There is actually not a big difference in the process between step-parent adoption and regular adoption. Sometimes, the step-parent would want to adopt the child, affording him or her legal … Speak to us. This issue was dealt with in the case of Centre for Child Law v Minister of Social Development (21122/13) [2013] ZAGPPHC 305; 2014 (1) SA 468 (GNP) (30 October 2013). Is adult adoption permitted under South African law? According to the law, any South Africa citizen over the age of 18 is eligible to adopt a child. He was very knowledgeable around each situation and gave me the right advice to take things forward. The word "stepchild" disappears into irrelevance. Chapter 15 of the Act which deals with it is quite extensive. Having any form of legal problem can be scary and stressful. Here are the basics on how stepfathers can adopt stepchildren, with particular areas to focus on in your home state: 1. A child can consent to adoption … A spouse would therefore have a child from a previous relationship. Adopting an adult stepchild allows a parent to obtain a parent-child relationship recognized under state law. Research your State’s Laws: You can begin with the process by researching about all the laws related to adoption in your state. Let us unpack your legal problem and work with you to find workable and sound solutions to them. My child is 22 years old, do I still have a legal obligation to pay child maintenance? “I’ve made use of the legal services of Our Lawyer (Pty) Ltd – Adv Abduroaf on two separate occasions, and I was thoroughly impressed. Our Lawyer (Pty) Ltd - Our Location - 7th Floor, We are in a secure and safe location in the Cape Town CBD, We are conveniently situated in the Pinnacle Building, Cape Town. You’ll need to contact your local family court or other court system that handles stepchild adoptions. South Africa is a party to the Hague Convention on intercountry adoptions, and facilitates intercountry adoptions in accordance with the convention’s guiding principles. https://www.ourlawyer.co.za/wp-content/uploads/3000-our-lawyer.mp4, https://www.youtube.com/watch?v=Y2UNpeFcU04, Basic Divorce Guide in South Africa – Summons, Pleas, Discovery and Trial. We are here to assist. Adoption laws in South Africa are outlined by the Child Care Act of 1983, which require social workers and adoption agencies to "give due consideration" to language, religion and culture when matching prospective parents with children. In the rush of happiness, it may not seem like there is any downside, but a stepparent adoption is a monumental change for your family. Replies to my comments This can be achieved by knowing your rights, and where you stand in your situation. Consent is written permission by the biological parents, or where there are no biological parents, by a guardian, that is given to prospective adoptive parents to adopt a child. how do i go about having my fiance legally adopting my son and taking his last name? Adoption is the legal process whereby the existing parental authority a mother and/or father has over a child is terminated and awarded to the new adoptive parent/s. Your email address will not be published. The law dealing with adoptions is the Children’s Act 38 of 2005 (the Act). Copyright 2020 Government of South Africa. Our Lawyer (Pty) Ltd Copyright All right reserved 2019. (a) all parental responsibilities and rights any person, including a parent, step-parent or partner in a domestic life partnership, had in respect of the child immediately before the adoption; (b) all claims to contact with the child by any family member of a person referred to in paragraph (a); (c) all rights and responsibilities the child had in respect of a person referred to in paragraph (a) or (b) immediately before the adoption; and. We are in a secure and safe location in the Cape Town CBD By adopting a stepchild, you are agreeing to be entirely responsible for your spouse’s child. Due to a series of events, both within Ethiopia and the United S… Given it is rare for a Court to be prepared to make an adoption order for a step child, step parents should know there other ways to still give legal status to their relationship with their step child. Adv Abduroaf took time in thoroughly explaining the situation, process of the application, strength of my case, and recommendations. We were Online and Trusted since 2007. Planning on getting married? Set up a Consultation to meet with us today. Someone in need may find it useful. However, the Children’s Act does not discriminate on the basis of age, marital status, race, culture or sexual orientation of the adoptive parents. How can I be successful in my child custody battle? Susan Larkan speaks to Our Lawyer on the serious issue of Gender-based Violence in South Africa. Notify me of followup comments via e-mail. If the problem is not promptly solved, you are left with doubt and constantly worrying about the situation. Serve the non-custodial parent with the adoption forms. It only makes sense to adopt your stepchild and eliminate the legal barriers. Some interesting questions and answers regarding divorces in South Africa. Second only to China, at the height of intercountry adoption in 2010, 2,511 Ethiopian children found their forever homes in the United States. I want to relocate with my minor child. Set up a Consultation to meet with us today. OP’s posts: See next | See all Add message | Report | See all. BONKERZ Sun 11-Jan-09 19:13:08. my dh wanted to adopt my DS so we looked into it. Part 1 of 3: Preparing for Your Adoption. Our Lawyer (Pty) Ltd - Our Location - 7th Floor I will highly recommend the services of Our Lawyer (Pty) Ltd – Adv Abduroaf and his team, through and through. What they want to know. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. Adopting a child. It often happens that a couple marries and there are step-children involved. Talk With Your Partner. You will not need the other parent’s consent if the court has already removed his or her parental rights. i am a mother of two children, one child is not my fiances. Need Legal Advice? We are conveniently situated in the Pinnacle Building, Cape Town Paying for a child is a crime in South Africa. When working through an adoption agency, the process usually starts with the prospective adoptive parents submitting an application to the agency. The relevant case is Soller v Maintenance Magistrate, Wynberg and Others 2006 2 SA 66 (C) 2006 446 . ”. Apply for an Adoption Order. Sometimes stepparents chose to further expand their role by adopting their stepchildren, although there are legal hurdles that must be crossed to formalize that relationship. A child can consent to adoption if he or she is 10 years or older. But, more specifically: But, more specifically: spouses, partners in a life-partnership (including same-sex couples), or other persons sharing and forming a permanent home; The relevant case is Petersen v Maintenance Officer Simon’s Town Maintenance Court and Others 2004 2 SA 56 (C) 381 . Any advice on adopting a stepchild please? DID YOU ALSO KNOW: Advocate Muhammad Abduroaf was an advocate in an important constitutional case? The responsibility towards the child would now also fall on the step-parent. Child Custody and Relocation – Question and Answers by Advocate Muhammad Abduroaf. Any child (a person younger than 18 years of age) may be adopted, where: 1. s/he is an orphan and there is no legal guardian/s or caregiver/s willing to adopt him/her; 2. his/her parent/s or legal guardian/s cannot be established; 3. s/he was abandoned, for example, the child had no contact with his/her parent/s or legal guardian/s for at least 3 months; 4. s/he was abused or neglected by his/her parent/s, legal guardian/s or caregiver/s; or 5. s/he needs a permanent home. By doing so, the child would have the step-parent’s surname. Paying for a child . The Children’s Court is obliged to function in a manner which in each case promotes the best interests of the child and should, except where there are sound reasons not to do so, make an order that the granting of an adoption order in favour of a step-parent will not terminate the responsibilities and rights of the child’s parent or other guardian. South Africa has working agreements in place with specific countries and accredited organisations. Questions on Divorce – Frequently Asked Questions and Answers South Africa, Child Maintenance / Support Questions and Answers, Parenting Plans and the Law – Draft, Agree and Register you Plan, Tricks and tips on how to win your child maintenance case, https://www.ourlawyer.co.za/wp-content/uploads/Child-Maintenance-Applications-Where-do-you-go.mp4, https://www.ourlawyer.co.za/wp-content/uploads/Abduroaf-Child-Custody-and-Guardianship.mp4, Failure to pay child maintenance – Cape Town. lottiesmummy Sun 11-Jan-09 19:08:49. anyone? Here's how to adopt your stepchild. If your stepchild is from the People’s Republic of China, there … The entire court application was completed in 6 – 8 weeks! You have a relationship of parent and child. In total, 15,807 adoptions occurred from Ethiopia to the United States from 1999-2017 but then everything changed. What are the legal implications of a step-parent adopting a child in South Africa? Assist in resolving the problem you have, but the laws in every state may vary slightly responsible! The outcome of your family, adoption might be the right advice to things! So, the noncustodial parent five sending countries to the holiday season should know prior to United. Circumstances, clearly be in the best possible experience on our website right! He was there every step of the child or the child my husband wants adopt. | See all, as the laws in every state may vary.... Next section of the adoption order do go to any adoption agency the. 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