The department of social development has been requested by Parliament to have a country position on inter-country adoptions. This follows the position of some countries that have announced their intention to discontinue this program.

The Netherlands has indicated its intention to cease working with South Africa in a phased approach and will communicate its update next month. Norway stopped working with South Africa while Sweden will be visiting our shores in October, and will communicate its intention thereafter.

The department envisages a possibility of the withdrawal of France, based on the previous Head of Central Authority who has left. Denmark is also working on its withdrawal, however, not definite.

It should be noted that this is not unique to South Africa but other countries as well. Adoptees have discovered in their search that data is sometimes incorrect, or some adoptions were conducted illegally as a result, they are unable to find the answers to the existential questions about the origin and
identity of adopted children.

The general picture emerging from receiving countries is that throughout the period of intercountry adoption, serious structural abuses occurred and that some countries and their intermediaries have been aware of this since the 1960s.

In light of the above countries are showing less interest in pursuing intercountry adoptions.

HISTORY OF INTER-COUNTRY ADOPTIONS

Prior to the year 2000, South Africa no inter-country adoption.

Section 18(4)(f) of the Child Care Act prohibited the adoption of South African children by non- SA citizens.

In the case of Minister of Welfare and Population Development vs Fitzpatrick this was changed. The Constitutional Court found section 18(4)(f) of the Child Care Care Act to be unconstitutional as it did not allow fulfilment of the best interest of the child principle.

Inter-country adoptions therefore began in 2000 as the Constitutional Court order was put into effect immediately.

South Africa then acceded to the Hague Convention on the Protect
ion of children and cooperation in respect of intercountry adoption (29 May 1993). In December 2003, the Convention was used in drafting Chapter 16 of the Children’s Act 38 of 2005.

The Convention embraces certain basic principles and forces a country to comply with the following:

a) the establishment of a Central Authority to regulate Intercountry adoptions,

b) put structures in place to prevent child trafficking

c) allow a system of accreditation of child protection organisations (CPO),

d) prevent inappropriate financial gain, and

e) ensure the recognition of Adoption Orders in both countries.

The purpose of the chapter on intercountry adoptions was to give effect to The Hague Convention, provide for recognition of certain foreign adoptions, find fit and proper prospective adoptive parents for adoptable children, regulate intercountry adoptions and promote and facilitate international co-operation between countries with regard to the conducting of inter country adoptions.

Parliament also requested t
he department to have a policy position on baby savers and the traditional aspect of parental rights and responsibilities of unmarried fathers.

Source: South African Government News Agency