Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985)RulesThe Children's Courts Rules of South AfricaChapter 6 : Application for Adoption20. Consent to adoption |
| (1) | The consent to adoption may be given before a presiding officer at any court notwithstanding that the application for adoption is pending before another court. |
| (2) | When a parent, guardian or child approaches the court to consent to the proposed adoption of the child, the clerk must arrange that the parent, guardian or child appears immediately, or as soon as possible, before the presiding officer. |
| (3) | The record of the consent proceedings and consent form must be submitted to the court dealing with the proposed adoption. |
| (4) | The presiding officer must— |
| (a) | verify the identity of the parent or guardian as prescribed in the general regulations; |
| (b) | explain the parent’s or guardian’s right to legal representation; |
| (c) | confirm that the parent, guardian and child, where applicable, has been counseled on the decision to make the child available for adoption; and |
| (d) | consider the appointment of a legal representative for the child. |
| (5) | The presiding officer must inform the person giving the consent of the— |
| (a) | effect of an adoption order as set out in section 242 of the Act; |
| (b) | prohibited considerations as provided for in section 249 of the Act; |
| (c) | right to withdraw the consent, within 60 days of such consent; |
| (d) | alternative placement options; |
| (e) | freeing orders; and |
| (f) | right to apply for a post adoptive agreement. |
| (6) | The presiding officer must record the reason for the parent’s or guardian’s refusal to consent to the proposed adoption. |