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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1569
Experience:  BCom; LLB; Masters in Law
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JP. I had my oldest daughter when I wS in matric and her

Customer Question

Hi JP. I had my oldest daughter when I wS in matric and her biological father was with me at the time of giving birth but he dissapeared shortly thereafter. I am now very happily married and we will be immigrating soon but now her bio father is on her birth certificate and I dont have a ue where he is and he has never in 16 helped my daughter. Can ny husband presently adopt her and how would we go about it? Thanks for your help
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.

Hi there and thank you for your question,

I think that you should have a look at the Department of Justice's website relating to child adoption, as it gives loads of information. The page is listed here:

In short, the consent of a parent of a child to the adoption of the child, is not necessary if that parent has abandoned the child, or if the whereabouts of that parent cannot be established.

There are further examples of where the consent of a parent (specifically in your example where that parent is the child's father!!!) and you should pay careful attention to those examples as they will assist you.

The website also provides a link to Form 61 and 62 which you should complete.

Once your child has been adopted by your present husband, you will be entitled to emigrate with her.

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

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Good luck and best regards,


Please note: This answer does not create an attorney-client relationship. Please consult a local attorney in person for legal advice. This information is being provided so you can better discuss legal matters with your attorney.

Expert:  CaseLaw replied 1 year ago.

Hi there again,

I hope that you understood the above advice and that it was useful? Please leave positive feedback for me.

If you have a further question please ask it?