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Consent/withdrawal of consent by a parent or guardian of a child for adoption

‘Consent’ is written permission by the biological parents or where there are no biological parents, by a guardian, that is given to prospective adoptive parents to adopt a child. Consent can be given by the parents, the guardian of the child or the child. A child can consent to adoption if he or she is 10 years or older.

Notwithstanding the provisions of any other law, the parent of a child who has given consent to the adoption of his or her child has the right to withdraw such consent for up to 60 days after the consent has been given. A children's court shall not make any order of adoption final before the period of 60 days has expired.

Other links:

Circumstances in which consent to adoption is not required:

The consent of a parent or guardian of the child to the adoption of the child, is not necessary if that parent or guardian-

Notice of consent to adoption

When a child becomes available for adoption, the presiding officer must without delay cause the sheriff to serve a notice on each person whose consent to the adoption is required. The notice must-

Recording an adoption

In terms of section 25 of the Child Care Act, 1983 (Act No. 74 of 1983) the Department of Home Affairs must record the adoption of a child in the child’s birth register if so requested by the adoptive parents. To record the adoption, the adoptive parents must then:

It is important to note that the Department of Home Affairs is responsible only for the recording of the adoption of a child in the child’s birth register if so requested by the adoptive parents. Any other matters relating to adoption fall within the duties of the Department of Social Development (previously Welfare & Population Development).


Steps to follow

Giving consent

Withdrawing Consent

Legal framework

Children’s Act, 2005 (Act 38 of 2005)

Service standard

Contact details

Department of Justice and Constitutional Development
Chief Directorate: Promotion of the Rights of Vulnerable Groups (Child Justice and Family Law)
Province: Gauteng
City/town: Pretoria
Tel: 012 357 8205
Fax: 0866402076
E-mail: children@justice.gov.za

Physical address:  Department of Justice, Court Services Branch, Momentum Centre, 329 Pretorius Street, Pretoria, 0001 
Postal address:  Private Bag X81, Pretoria, 0001 
Web address:    www.justice.gov.za 

Contact details for Magistrate Courts (Lower Courts): http://www.justice.gov.za/contact/lowercourts_full.html

Contact your nearest office of the Department of Social Development.

Updated: 2019/08/27