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South Africa Case Law

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Family And Children [2009] ZAECHC 26

Swart v Vorster NO and Others (1220/2004)

Swart v Vorster NO and Others (1220/2004) [2009] ZAECHC 26 (28 February 2009)

Court
High Courts - Eastern Cape
Case number
1220/2004
Judges
Pickering, Plasket

The court found that although the applicant had signed written consent for the adoption, she unequivocally withdrew her consent within the statutory 60-day period by taking her child back into her custody. The social workers erred by not formalising the withdrawal, but the substance of her actions amounted to a de facto withdrawal of consent. Consequently, the adoption order was wrongly granted. However, the court held that even where an adoption order is irregularly obtained, it cannot be set aside unless it is in the best interests of the child. After considering expert reports, the court c…

Source excerpt

  • Adoption Order Review
  • Parental Consent
  • Best Interests Of Child
  • Promotion Of Administrative Justice Act
  • Child Care Act
  • Rescission Of Adoption
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Family And Children [2008] ZAECHC 16

L A S v Vorster NO and Others (1220/2004)

L A S v Vorster NO and Others (1220/2004) [2008] ZAECHC 16 (28 February 2008)

Court
High Courts - Eastern Cape
Case number
1220/2004
Judges
Pickering, Plasket

The court found that although the applicant had validly given written consent to the adoption on 25 July 2003, she unequivocally withdrew her consent within the statutory 60-day period by taking her child back into her custody. The social workers erred in not arranging for a formal written withdrawal, but the substance of her actions amounted to a de facto withdrawal. Consequently, the adoption order was wrongly granted. However, the court held that even where an adoption order is irregularly obtained, it cannot be set aside unless it is in the best interests of the child. Expert reports indi…

Source excerpt

  • Adoption Order Review
  • Parental Consent
  • Best Interests Of Child
  • Child Care Act
  • Promotion Of Administrative Justice Act
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.