Replies to my comments Child custody disputes. Need Legal Advice? Adoption is the legal process whereby the existing parental authority a mother and/or father has over a child is terminated and awarded to the new adoptive parent/s. DID YOU ALSO KNOW: Advocate Muhammad Abduroaf was an advocate in an important constitutional case? You must provide the non-custodial parent with notice that you are adopting their child. Adopting an adult stepchild allows a parent to obtain a parent-child relationship recognized under state law. If your stepchild is of foreign citizenship, the process will follow that of adopting a foreign child. I found him to be clear and honest always with his dealings. Step-parents can apply to adopt their spouse’s or partner’s child without the partner, who is already the biological parent of the child, also applying to adopt the child. The previous relationship could either have been a marriage or just a romantic experience. We are here to assist. As you would see further below, an adoption order has the following effect: (a) confers full parental responsibilities and rights in respect of the adopted child upon the adoptive parent; (b) confers the surname of the adoptive parent on the adopted child, except when otherwise provided in the order; (c) does not permit any marriage or sexual intercourse between the child and any other person which would have been prohibited had the child not been adopted; and. By doing so, the child would have the step-parent’s surname. Sometimes, the step-parent would want to adopt the child, affording him or her legal rights and responsibilities over the child. If your stepchild is a Singapore Citizen, the process is the same as adopting a child who is a Singapore Citizen. Once adopted, the stepchild has the same rights as a biological child. I will highly recommend the services of Our Lawyer (Pty) Ltd – Adv Abduroaf and his team, through and through. What can I do? Next, we deal with who may adopt a child. Consent to adopt . His advice on my maintenance issue allowed me to proceed further on my own, with the maintenance court. I want to relocate with my minor child. A child whose parents are both dead is available for adoption. Passport Application of a Minor Child and Consent – Department of Home Affairs, Frequently Asked Questions and Answers on Prenuptial and Ante-nuptial Contracts. It often happens that a couple marries and there are step-children involved. The responsibility towards the child would now also fall on the step-parent. The best part was that he was there every step of the way. View our Disclaimer Notice / Terms of Use, Fast Unopposed Divorce (No minor children) (R9500-00), Fast Unopposed Divorce (Minor children involved) (R12500-00), Business Pro Starter Pack – Basic (R1499), Business Pro Starter Pack – Basic + (R1999), Business Pro Starter Pack – Premium (R 2999). “I’ve made use of the legal services of Our Lawyer (Pty) Ltd – Adv Abduroaf on two separate occasions, and I was thoroughly impressed. Speak to us. Stepparent adoption is a form of “relative adoption,” which is adoption of a child by somebody who is related to the child by blood or marriage. Face to Face, Telephonic or Video (Skype, Zoom, FaceTime or WhatsApp Video). adoption of a person older than 18 years by an adult? We will first deal with the issue as which child may be adopted. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. In the rush of happiness, it may not seem like there is any downside, but a stepparent adoption is a monumental change for your family. The legal procedures involving this scenario are different, as the laws in every State may vary slightly. This article explains the process and requirements. Set up a consultation by meeting with us face to face, speaking telephonically, or communicating with each other via video conferencing. Steps. Whatever the reason, this article deals with the legal aspects. This can be achieved by knowing your rights, and where you stand in your situation. My child is 22 years old, do I still have a legal obligation to pay child maintenance? What are frequently asked question on child custody disputes? Adult Adoption. cheryl South Africa has working agreements in place with specific countries and accredited organisations. The word "stepchild" disappears into irrelevance. At the same time, unless there is a post-adoption agreement stating otherwise, the other parent loses all his or her rights over the child. I.e. (e) the child is in need of a permanent alternative placement. The prevailing principle in South Africa is that a spouse has no general duty to support a child born of another marriage unless the child is, in consequences of a … With both situations, I knew very little regarding the process and my rights, as an applicant. Cape Town South Africa. 2.It is declared that section 242 of the Children’s Act, 38 of 2005, does not automatically terminate all the parental responsibilities and rights of the guardian of a child when an adoption order is granted in favour of the spouse or permanent domestic life-partner of that guardian, having regard to the discretion which section 242 affords the court to order otherwise. Negative emotions and lack of self-belief can affect the outcome of your family legal matter – Fight for your rights without fear. You will not need the other parent’s consent if the court has already removed his or her parental rights. In order to be eligible for ‘step-parent adoption’ the child in question must be under 18 when the application is made (and cannot be over 19 when the order itself is granted). the biological father has never been in my sons life and on his birth certificate under father its written unknown. All Rights Reserved, Department of Justice and Constitutional Development, Children’s Act, 2005 (Act 38 of 2005) as amended, Adoptions - Department of Social Development. Our Lawyer (Pty) Ltd Copyright All right reserved 2019. By definition, a stepparent adoption is when a stepparent agrees to adopt his or her spouse’s child and assume all legal responsibility for the child. (iii) other persons sharing a common household and forming a permanent family unit; (b) by a widower, widow, divorced or unmarried person; (c) by a married person whose spouse is the parent of the child or by a person whose permanent domestic life-partner is the parent of the child; (4 by the biological father of a child born out of wedlock; or. Any child (a person younger than 18 years of age) may be adopted, where: 1. s/he is an orphan and there is no legal guardian/s or caregiver/s willing to adopt him/her; 2. his/her parent/s or legal guardian/s cannot be established; 3. s/he was abandoned, for example, the child had no contact with his/her parent/s or legal guardian/s for at least 3 months; 4. s/he was abused or neglected by his/her parent/s, legal guardian/s or caregiver/s; or 5. s/he needs a permanent home. This is a big concern for the Department of Social Development. Required fields are marked *. Child Custody and Relocation – Question and Answers by Advocate Muhammad Abduroaf. Have child custody disputes increased during the National Lockdown? Talk With Your Partner. Research your State’s Laws: You can begin with the process by researching about all the laws related to adoption in your state. What are my rights? Grandparents may be ordered to pay child support for their grandchildren, How do I get full custody over my child? Part 1 of 3: Preparing for Your Adoption. (36 Posts) Add message | Report. This issue was dealt with in the case of Centre for Child Law v Minister of Social Development (21122/13) [2013] ZAGPPHC 305; 2014 (1) SA 468 (GNP) (30 October 2013). Divorce – There is no reason why your divorce should not be friendly and uncontested. If you want to adopt a child in New Zealand or from overseas or are wanting to view an adoption record, you should first contact: The other options are detailed in the information sheet What are the alternatives to a Step-Parent adopting their Step-Child. A child can consent to adoption if he or she is 10 years or older. Child Maintenance in South Africa – Cape Town, Execute and Register your Antenuptial or Prenuptial Contract, Out of Community of Property with the inclusion of the Accrual Regime. (d) any previous order made in respect of the placement of the child. Adopting a Family Member; Stepchild Adoptions; The Legal Process of Stepchild Adoption. A spouse would therefore have a child from a previous relationship. i am a mother of two children, one child is not my fiances. Consent for minor child for relocation and passport application, Child Maintenance Court Process from Start to finish – Adv. What they want to know. Lastly, should all go well, the court would make an adoption order. Find out more about  consenting to adoption or contact the Department of Justice and Constitutional Development on 012 357 8205 or e-mail: children@justice.gov.za. Sometimes, the step-parent would want to adopt the child, affording him or her legal … The Children’s Court is obliged to function in a manner which in each case promotes the best interests of the child and should, except where there are sound reasons not to do so, make an order that the granting of an adoption order in favour of a step-parent will not terminate the responsibilities and rights of the child’s parent or other guardian. Please share. Our Lawyer (Pty) Ltd - Our Location - 7th Floor, We are in a secure and safe location in the Cape Town CBD, We are conveniently situated in the Pinnacle Building, Cape Town. Webinar – Gender Based Violence in South Africa GBV – What are your legal remedies? You have a relationship of parent and child. Your email address will not be published. The entire court application was completed in 6 – 8 weeks! BONKERZ Sun 11-Jan-09 19:13:08. my dh wanted to adopt my DS so we looked into it. It may happen that a parent is not much involved in a child’s life and would not mind that the other parent who cares for the child have his or her spouse adopt the child. Divorce Questions, Answers and Free Resources – Get information now. Any advice on adopting a stepchild please? For a full view of the Act and the relevant sections, click here. lottiesmummy Sun 11-Jan-09 19:08:49. anyone? (1) Except when provided otherwise in the order or in a post-adoption agreement confirmed by the court an adoption order terminates –. Adopting your partner's children is often a big step in your relationship with your new partner, and it can be a big legal step too. By adopting a stepchild, you are agreeing to be entirely responsible for your spouse’s child. In total, 15,807 adoptions occurred from Ethiopia to the United States from 1999-2017 but then everything changed. In this case, the court made the following order: [17] In the result, I grant the following order: 1.It is declared that section 230(3) of the Children’s Act, 38 of 2005, does not preclude a child from being adoptable in instances where the child has a guardian and the person seeking to adopt the child is the spouse or permanent domestic life-partner of that guardian. I wasn’t even required to be in person, at the high court. Set up a Consultation to meet with us today. Our Lawyer (Pty) Ltd - Our Location - 7th Floor What are the rights of the biological parents after the adoption took place? Because of this case, it is now possible to claim maintenance from paternal grandparents of children born out of wedlock?. The first related to a child maintenance issue and the second, an international relocation application with the high court. 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