Am getting married soon and my fiance already has a child of 5 years old. I want to adopt her child but we are not sure on the process or the steps needed to take to get this undertaken in South Africa. Some other questions we are wondering about... What are the legal steps to follow to start the process? What would the legal rights of a non-involved biological father be? We are looking for a starting point as well as what issues we could expect with the process, and so on. Greatly appreciate your help. Thanks.
Still in the process of looking for more information.
Good morning on this very cold Sunday morning.
Adoption is quite a complicated process and you will most definitely need an expert to assist you.
But here is some background to give you the legal perspective:
I strongly advise you to contact the attorney who wrote this summary his details is as follows:
I hope that this has been insightfull
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Hi JPA definite cold Sunday morning, but definitely looking up to becoming a warmer day later which is splendid to have in winter here in SA right!Yuor information is interesting and helpful, however I would like to know more in laymans terms what the process (starting point) will be for us to get the process of adoption started.Me being the step father and my partner being the biological mother of the child.We also want to be aware of what rights the non-involved biological father have. Would he need to sign any documentation ,etc? We have an unabridged brith certificate which has no biological fathers details on it for the child.We are looking for the most simple way forward here without any turmoil for us and our little one as much is as possible.Thanks for taking time on a Sunday to answer questions, looking forward to what you can assist with on this topic for us further :)
Hi JP I will update the rating if we can get thie above questions answered in a bit more detail. If the information needed is a bit more in depth and we need to meet with someone could you please advise us with some contact details to start this process. Thank you, kindest regards, Jeremy
General South African Law.
Relist: Incomplete answer.Am awaiting for feedback that is a little more friendly in layman's terms and which we also can understand. Copying and pasting legal acts doesn't tell us much on how it works or what the understanding would be further.Also the questions of the fathers rights was unanswered in our view and that is the main worry of the situation we are in. We want to know the implications we are facing in our future if we proceed with an adoption of our daughter when we are married and cause the least amount of worries in our life is all.Thank you.
Please advise whether mother and biological father was married at birth or thereafter?
Whether biological father had any contact with child since birth?
Was Biological father in any way supportive during pregnancy or there after?
was any bond formed between biological father and child?
how long is your relationship at present?
What bond formed between yourself and your child?
Thank you for responding. Updates below.
Q: Please advise whether mother and biological father was married at birth or thereafter?
A: Never married.
Q: Whether biological father had any contact with child since birth?
A: Contact for a brief period after birth, a few months at that.
Q: Was Biological father in any way supportive during pregnancy or there after?
A: Was present during pregnancy and short while after birth, but not supportive emotionally or monetary.
Q: was any bond formed between biological father and child?
A: No bond formed previously or currently. Child was too young to remember him and currently has no memory of the biological. She see's me as her father.
Q: how long is your relationship at present?
A: Currently one year and counting
Q: What bond formed between yourself and your child?
A: Am already known as "daddy" and see's me as her father. We live together and the transition phase of moving into one home went smoothly without complication.
When she is away with family, e.g. for a sleep over, she asks for mommy and daddy to speak to both of us when we phone to say good night.
I drop her off at school in the mornings as well as pick up in the evenings.
All in all the relationship between us is beautiful and grows on a daily basis. Even reports from school is that her maturity level has grown tremendously over the last several months since living together as a family.
Additional item / information:
Biological father has a logged case against him for assault, case not taken to court (so as to stop harrassment of the family as he would have lost his job)
No maintenance has ever been paid to date.
No contact since a few months after birth has occurred.
Hi with regards XX XXXX initial inquiryFrom the brief facts I got from above there seem to be little doubt that you qualify for the adoption as it seems that it will be in the child's' best interest. this process is unfortunately a long and bureaucratic process.You can approach a social worker in your community or the welfare or an adoption agency to assist you in the process. The social worker would need to file a report on whether the adoption would be in the child's' best interest, after conducting a proper inquiry. Therefor I would advise that you start here, they will be able to give you all the necessary information and steps in the process.with regards XX XXX biological fathers rights. the biological father obtain full parent rights and responsibility once any of the following factors are present:1. If he identify himself or allow to be identified with the child2. if he contribute or attempt to contribute during the child's' upbringing3. if he contribute or attempted to contribute towards maintenance expenses of the childThe above is a factual question that need to be answered.If any of the above factors are present then the biological father obtained full parental rights and responsibilities. This mean that his written consent would be required for the adoption.The written consent can be dispensed with in the following circumstances:1.If the biological father failed to fulfill his parental responsibilities towards the child for a period of 12 months or longer2. The biological father failed to respond to a notice of the proposed adoption3. If the whereabouts of the biological father is unknown or the biological father has abandoned the child.it seems that you might not need the biological fathers consent in this instance, but the social worker or adoption agency would be in a better position to advise you with all the facts taken into account.Once the adoption is approved then the biological fathers' rights are taken away to such an extent that he never had any rights or that he never was the biological father.Hope this has been helpful
Just a short follow up on your question regarding the adoption.
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