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

Chapter 15 : Adoption

243. Rescission of adoption order


(1) A High Court or children's court may rescind an adoption order on application by—
(a) the adopted child;
(b) a parent of the adopted child or other person who had guardianship in respect of the child immediately before the adoption; or
(c) the adoptive parent of the child.


(2) An application in terms of subsection (1) must be lodged within a reasonable time but not exceeding two years from the date of the adoption.


(3) An adoption order may be rescinded only if—
(a) rescission of the order is in the best interests of the child; and
(b) the applicant is a parent of the child whose consent was required for the adoption order to be made, but whose consent was not obtained; or
(c) at the time of making the adoption order the adoptive parent did not qualify as such in terms of section 231.


(4) Notice of an application for rescission of an adoption order must be given to—
(a) the adoptive parent of that child, if any other person brings the application;
(b) all persons who have consented to the adoption in terms of section 233 or who have withheld consent to the adoption in terms of section 241, if the child or the adoptive parent brings the application;
(c) the Central Authority in the case of an inter-country adoption; and
(d) any other person whom the court finds has a sufficient interest in the matter.