Adoption and guardianship

FAQ for Adoption and Guardianship

What is adoption?

Adoption is a legal process that transfers the parental rights and responsibilities of a biological parent or parents to an adoptive parent or parents. Once the adoption is finalized, the adoptive parent/s become/s the legal parent/s of the child, and the child becomes the legal child of the adoptive parent/s.

Who can adopt a child in South Africa?

In South Africa, any person who is over the age of 18 and who is either a permanent resident or a citizen of South Africa can apply to adopt a child. However, the adoption process is subject to certain legal requirements and procedures, and not all applications for adoption are successful.

What are the legal requirements for adoption in South Africa?

The legal requirements for adoption in South Africa include, among others, that the applicant/s must be suitable and fit to be an adoptive parent/s, that the child must be adoptable, and that the best interests of the child must be taken into account. The adoption process also involves assessments, investigations, and court hearings.

What is guardianship?

Guardianship is a legal relationship between an adult and a child, in which the adult has the legal authority and responsibility to make decisions on behalf of the child. Guardianship can be granted by a court or by an agreement between the parties involved.

Who can be a guardian in South Africa?

In South Africa, any person who is over the age of 18 and who is either a permanent resident or a citizen of South Africa can be appointed as a guardian. However, the appointment of a guardian is subject to certain legal requirements and procedures, and the best interests of the child must always be taken into account.

What are the legal requirements for guardianship in South Africa?

The legal requirements for guardianship in South Africa include, among others, that the applicant/s must be suitable and fit to be a guardian, that the child must be in need of a guardian, and that the best interests of the child must be taken into account. The appointment of a guardian may also involve court proceedings.

What is the difference between adoption and guardianship?

The main difference between adoption and guardianship is that adoption results in a permanent transfer of parental rights and responsibilities from the biological parent/s to the adoptive parent/s, while guardianship is a temporary or limited arrangement in which the guardian has legal authority and responsibility for the child, but the biological parent/s may still have some rights and responsibilities. Adoption generally requires more legal formalities and procedures than guardianship, and may have more far-reaching consequences for the child and the adoptive parent/s.

Family Lawyers in South Africa specialize in laws relating to family matters and domestic relations. They handle a broad range of cases, including marriage, divorce, child custody, adoption, and other family-related issues. Their practice is guided by legislation such as the Divorce Act 70 of 19791, the Children's Act 38 of 20052, and the Maintenance Act 99 of 19983. These lawyers provide legal advice, negotiate on behalf of clients, and represent them in court proceedings. They are regulated by the Legal Practice Council4.
Footnotes

1. Divorce Act 70 of 1979 ↩
2. Children's Act 38 of 2005 ↩
3. Maintenance Act 99 of 1998 ↩
4. Legal Practice Council ↩