Maintenance Act, 1998
R 385
Children's Act, 2005 (Act No. 38 of 2005)Chapter 15 : Adoption240. 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| (d) | consent has not been withdrawn in terms of section 233(8); and |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. |
