Adoption is one of the most meaningful ways to grow a family — but in South Africa, it’s also one of the most misunderstood. Legal, emotional, and procedural hurdles often stand in the way of prospective adoptive parents, while thousands of children remain without permanent homes.
This article explores how adoption works in South Africa, the legal framework, challenges in the system, and why now — more than ever — there’s a growing need for safe, loving families to step forward.
The State of Child Adoption in South Africa
According to the National Department of Social Development, the number of formal adoptions has declined sharply over the last decade. In 2004, over 2,800 adoptions were recorded. By 2022, that number had dropped to fewer than 1,200 adoptions per year — a 60% decline in under two decades.
Meanwhile, estimates suggest that over 3 million children in South Africa are classified as orphans or vulnerable, with thousands living in foster care or child and youth care centres.
This gap highlights a painful reality: there are many children who need families, and many families who want to adopt — but the system is difficult to navigate.
The Legal Framework for Adoption in South Africa
Adoption is governed primarily by the Children’s Act 38 of 2005. According to this law:
- A child may be adopted by a single person, a married couple, or life partners (including same-sex couples).
- The child’s best interests must always be the primary consideration.
- The child must be under 18, and both biological parents (if known) must give written consent, unless rights have been terminated by a court.
- Prospective adoptive parents must undergo screening, including:
- Background checks
- Psychosocial assessments
- Parenting evaluations
Once the process is complete, a court order finalises the adoption, granting the child the same legal rights as a biological child.
Types of Adoption in South Africa
- Related Adoption – A step-parent or relative adopts a child
- Unrelated / Non-kin Adoption – The adoptive parent is not biologically related
- Agency-Assisted Adoption – Facilitated through a registered adoption agency
- Intercountry Adoption – Where one or both adoptive parents are non-South African citizens (heavily regulated)
Why Are Adoption Rates So Low?
Despite the legal clarity, the following factors contribute to the decline in adoptions:
- Strict compliance regulations and red tape
- Lengthy timeframes (12–18 months on average)
- Lack of awareness about eligibility and process
- Preference for foster care over adoption by some social workers
- Cultural taboos or misconceptions in communities
The Role of Legal Support in Adoption
Because of the complexity of South Africa’s legal and regulatory system, it’s vital for adoptive parents to work with an experienced family lawyer to:
- Ensure the process complies with the Children’s Act
- Protect the rights of the child and the parents
- Navigate issues like untraceable parents, contested consent, or intercountry adoptions
- Reduce delays and prevent unnecessary rejections
Adoption may be complex — but it is also life-changing.
At Shapiro & Haasbroek Inc., we offer trusted, compassionate legal guidance to families growing through adoption. If you’re considering adopting a child or simply want to understand your rights and responsibilities, we’re here to walk the journey with you.
