DG and Another v W and Others (379/06)
DG and Another v W and Others (379/06) [2007] ZASCA 87; 2007 (5) SA 184 (SCA) (1 June 2007)
The majority of the Supreme Court of Appeal held that the High Court should not sanction the removal of a child from South Africa under a custody and guardianship order for the purpose of inter-country adoption, as this circumvents the statutory safeguards and procedures established for adoption in the children’s court. The principle of subsidiarity, which requires that inter-country adoption be considered only when no suitable local care is available, was not satisfied on the evidence. The procedural route chosen by the appellants denied the child the protections afforded by domestic and int…
Source excerpt
- Inter Country Adoption
- Best Interests Of Child
- Subsidiarity Principle
- Child Care Act
- Hague Convention
- Guardianship Vs Adoption