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

Chapter 15 : Adoption

Purchase

(1)	Any child may be adopted if—

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

(b) the child is adoptable; and

(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]