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Adoption continued; three (WHAT ARE POST ADOPTION AGREEMENTS (Post…
Adoption continued; three
WHEN IS CONSENT TO THE ADOPTION NOT REQUIRED
The Children's Act :check: allows consent of a parent/ guardian to be dispensed with, if that parent/ guardian:
Is incompetent to give consent due to mental illness
has abandoned the child or if parent(s) cannot be found or if identity of parent/ guardian not known
has abused or deliberately neglected child or allowed neglect & abuse to take place
has consistently failed to fulfill his/her parental responsibilities towards child during last 12 months
has received a court order that has divested him/her of the right to consent to the adoption of the child
Has failed to respond to the notice of the proposed adoption within 30 days of service of the notice
:red_flag:
If the parent referred to above is the biological father of the child,
the consent of that biological father to the adoption is not necessary if:
A) He is not married to child's mother OR was not married to her at time of conception or at any time thereafter & he has not acknowledged or claimed paternity
B) The child was conceived from an incestuous relationship between the biological father & mother
C) The court, following an allegation by the mother, finds on a balance of probabilities that the child was conceived as a result of rape.
There is the proviso that such a finding shall not constitute a conviction for the crime of rape
:red_flag:
Consent to the adoption of the child is also not necessary if the
child is an orphan & has no guardian/ caregiver who is willing & able to adopt the child; & the court is provided with certified copies of child's parent's/ guardian's death certificate or any such documentation as may be required by the court
ITO s236(5) :check:
"A children's court may on a balance of probabilities make a finding as to the existence of a ground on which a parent or person is excluded ITO this section from giving consent to the adoption of the child"
HOW DOES ONE GO ABOUT GIVING CONSENT TO THE ADOPTION
1.If the consent to adoption is given in SA =
it must be in writing & signed in the presence of a presiding officer of the children's court
Consent of the child (if required ITO s233(1)(c)) :check: =
must also be signed in the presence of the presiding officer of the children's court
The consent must be verified by the presiding officer & it must be filed by the clerk of the children's court pending an adoption application
If the consent is given outside of the republic =
it must be in writing & signed in presence of the prescribed person
It must also be verified by the prescribed person & must be submitted to & filed by a clerk of the children's court pending an application for the adoption of the child
If the consent procedures outside of the Republic were not followed, the court may condone the deficiency, if good cause is shown
WHAT ARE POST ADOPTION AGREEMENTS
Before an application for adoption, the parent/ guardian of a child may enter into a
"Post-adoption agreement"
:red_flag: with a prospective adoptive parent of that child :star:
ITO s234 :check: : the agreement may provide for communication including visitation, between the child & parent/ guardian or any other person & may provide info, including medical info, about child
Post-adoption agreement may not be entered into without:
Consent of the child, if the child is of an age/ maturity & stage of development to understand implications of such agreement
PARTIES TO AGREEMENT: Must be assisted in preparing the post adoption agreement by the adoption social worker, facilitating the adoption of the child
The adoption social worker must also counsel them on implications of such an agreement
In the past, adoption was usually secretive
It could be difficult for adopted children to trace biological parents
AND
people who gave up their children for adoption were usually obliged to sever all ties with them
Modern Trend = more "OPEN ADOPTION"
Which allows for ongoing communication between adopted child & biological families
The post adoption agreement takes into account that:
adoption is not only about following correct legal procedures BUT also has social & psychological implications for all parties involved
The agreement allows for a peaceful post adoption period which tries to prevent or alleviate the adjustment problems experienced by parties, by allowing contact between the child & biological parents after adoption :red_flag:
When granting the adoption application;
a court may confirm a post adoption agreement if it is in best interests of child
The post adoption agreement will take effect only if it is made an order of court :red_flag:
It may be amended or terminated ONLY by an order of court on application
by a party to the agreement or by adopted child
:red_flag: