Acts Online
GT Shield

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

Chapter 15 : Adoption

234. Post adoption agreements


(1) The parent or guardian of a child may, before an application for the adoption of a child is made in terms of section 239, enter into a post-adoption agreement with a prospective adoptive parent of that child to provide for—
(a) communication, including visitation between the child and the parent or guardian concerned and such other person as may be stipulated in the agreement; and
(b) the provision of information, including medical information, about the child, after the application for adoption is granted.


(2) An agreement contemplated in subsection (1) may not be entered into without the consent of the child if the child is of an age, maturity and stage of development to understand the implications of such an agreement.


(3) The adoption social worker facilitating the adoption of the child must assist the parties in preparing a post-adoption agreement and counsel them on the implications of such an agreement.


(4) A court may, when granting an application in terms of section 239 for the adoption of the child, confirm a post-adoption agreement if it is in the best interests of the child.


(5) A post-adoption agreement must be in the prescribed format.


(6) A post-adoption agreement—
(a) takes effect only if made an order of court;
(b) may be amended or terminated only by an order of court on application—
(i) by a party to the agreement; or
(ii) by the adopted child.