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

Chapter 15 : Adoption

240. Consideration of adoption application


(1) When considering an application for the adoption of a child, the court must take into account all relevant factors, including—
(a) the religious and cultural background of—
(i) the child;
(ii) the child’s parent; and
(iii) the prospective adoptive parent;
(b) all reasonable preferences expressed by a parent and stated in the consent; and
(c) a report contemplated in section 239(1)(b).


(2) A children's court considering an application may make an order for the adoption of a child only if—
(a) the adoption is in the best interests of the child;
(b) the prospective adoptive parent complies with section 231(2);
(c) subject to section 241, consent for the adoption has been given in terms of section 233;
(d) consent has not been withdrawn in terms of section 233(8); and
(e) section 231(7) has been complied with, in the case of an application for the adoption of a child in foster care by a person other than the child’s foster parent.