South Africa Law
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This is a further information request so that I can provide you a proper answer to your legal question. Please continue in this same question thread.
Do you know where about in the US your bio-father was born, or where he lived when you were given up for adoption?
Do you know the adoption agency/attorney that assisted in your adoption?
Awaiting your further information.
Good day Sir,
Where did the adoption take place, in the US or SA? It appears from your narrative that you and your biological father were born in SA. How does the US feature? Is that where you currently live or is that where the relatives of your biological father live? Who says that you can't have access to the documents of the adoption?
I look forward to your response.
The people at the documents office are most likely mere clerks and know little about the law. When you were adopted we did not have a constitution in place (at least not a constitution that guarantees certain human rights). In my opinion you are entitled to at least view the contents of the adoption file. You are right, you will need to consult an attorney, and the attorney will need to launch an application in terms of the Promotion of Access to Information Act.
Those people are wrong that a court does not have the power to open the adoption file. The decision to close the adoption file can be reviewed by a higher court, or the decision of the people at the documents office to not disclose the information you require can also be countered with an application in terms of the Promotion of Administrative Justice Act. Their decision to not provide you with the information required, is an administrative act and must comply with the provisions of this Act.
I am convinced that you will be able to succeed in getting the adoption file opened. If you don't know a capable attorney, you can contact your provincial Law Society and ask for a referral or you could visit www.attorneys.co.za .
I wish you all the best.