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

Chapter 15 : Adoption

237. Gathering of information for proposed adoption


(1) When a child becomes available for adoption, the clerk of the children’s court must take—
(a) the prescribed steps to establish the name and address of each person whose consent for the adoption is required in terms of section 233; and
(b) reasonable steps to establish the name of any person whose consent would have been necessary but for section 236, and the grounds on which such person’s consent is not required.


(2) A person who has consented to the adoption of a child in terms of section 233 and who wants the court to dispense with any other person’s consent on a ground set out in section 236, must submit a statement to that effect to the clerk of the children's court.


(3) A clerk of the children’s court may request the Director-General: Home Affairs to disclose any information contained in the registration of birth of a child, including the identity and other particulars of a person who has acknowledged being the father or the mother of the child.


(4) If a social worker involved in the proposed adoption of a child obtains information regarding the identity and whereabouts of a person contemplated in subsection (1), the social worker must without delay submit a report containing that information to the clerk of the children’s court.