Acts Online
GT Shield

Children's Act, 2005 (Act No. 38 of 2005)

Chapter 15 : Adoption

230. Child who may be adopted


(1) Any child may be adopted if—

(a)        the adoption is in the best interests of the child;

(b)        the child is adoptable; and

(c)        the provisions of this Chapter are complied with.


(2)        An adoption social worker must make an assessment to determine whether a child is adoptable.


(3)        A child is adoptable if—

(a) the child is an orphan and has no guardian or caregiver who is willing to adopt the child;
(b) the whereabouts of the child’s parent or guardian cannot be established;
(c) the child has been abandoned;
(d) the child’s parent or guardian has abused or deliberately neglected the child, or has allowed the child to be abused or deliberately neglected;
(e) the child is in need of a permanent alternative placement.
(f) the child is the stepchild of the person intending to adopt; or

[Section230(3)(f) inserted by section 9 of Act No. 17 of 2016]

(g) the child's parent or guardian has consented to the adoption unless consent is not required.

[Section230(3)(g) inserted by section 9 of Act No. 17 of 2016]