Centre for Child Law v Minister of Social Development (21122/13)
Centre for Child Law v Minister of Social Development (21122/13) [2013] ZAGPPHC 305; 2014 (1) SA 468 (GNP) (30 October 2013)
Section 230(3) of the Children's Act does not preclude a child from being adoptable merely because the child has a parent or guardian and the person seeking to adopt is the spouse or permanent domestic life-partner of the child's parent or guardian. The court found that abandonment or lack of contact by the non-custodian parent suffices for adoptability, and that the Act expressly permits step-parent adoption. Section 242 does not automatically terminate all parental responsibilities and rights of the guardian upon such adoption, as the court has discretion to order otherwise. This interpreta…
Source excerpt
- Adoption
- Parental Responsibilities And Rights
- Step Parent Adoption
- Children S Act Interpretation