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Summary

Summary Surrogacy & Adoption

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This document is a breakdown of the topic of surrogacy and adoption. It includes the requirement considered by court before assigning an adoptive parent, commissioning parents & surrogate mother. It also breaks down the legal rules as to the process prior and post adoption & surrogacy. The relevant...

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  • December 11, 2022
  • 4
  • 2021/2022
  • Summary

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ADOPTION AND SURROGATE MOTHERHOOD
ADOPTION
PURPOSE OF ADOPTION
 Ensure the safeguarding and protection of children
 Promotes the goal of permanency amongst children
CRITERIA OF AN ADOPTABLE CHILD (SECTION230(3))
o Child = orphan
o Child = abandoned
o Whereabouts of guardians = unknown
o Child = abused/deliberately neglected
o Child = in need of permanent alternative placement
 Centre For Child Law v Minister Of Social Development
- Defects of SECTION 230(3) were clarified
- Court ruled that the spouse/domestic life-partner of the
biological parent can adopt and co-parent the chid of their
partner.
PERSONS WHO CAN ADOPT (SECTION 231 (1))
 Jointly, married couple (homosexual or heterosexual)
 Widow
 Widower
 Unmarried person
 Divorced person
 Spouse of child’s biological parent
 Biological father of child born in wedlock
 Foster parent of the child
CRITERIA FOR SUITABLE ADOPTIVE PARENTS (SECTION
231(2)(a))
a) Fit and proper to be trusted to fulfil parental rights and responsibilities with
regards to the child
b) Able and willing to maintain, undertake and exercise these PRR
c) Properly assessed by and adoption social worker

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