Adoption Process in South Africa: A Comprehensive Guide

Dec 11, 2025 0

Adopting a child can be a very joyful experience for a family. This article aims to help understand the process of adoption in South Africa and what it entails.

What is Adoption?

Adoption is defined as the act of legally taking someone else’s child and raising that child as your own.

Types of Adoption in South Africa

Closed adoption: Limits the adoptive parents and the biological parents. The biological parents have no say over who the prospective adoptive parents are, and the prospective adoptive parents know very little about the adopted child’s background.
Open adoption: Gives the biological parents and the adoptive parents more freedom in the adoption process. The biological parents of the child can choose the prospective adoptive parents, and the adoptive parents can meet the biological parents of the child that they wish to adopt.
Semi-open adoption: The biological parents of the child are able to choose the adoptive parents and maintain contact with the child through the adoption agency. However, the ultimate decision of contact between the biological parents and the child rests with the adoptive parents.

Who Can Adopt a Child in South Africa?

The Child Care Act sets out a list of people who are allowed to adopt a child in South Africa. These include:

A husband and wife jointly.
Partners in a permanent domestic-life partnership.
Persons sharing a common household and forming a permanent family unit.
A widower, widow, divorced, or unmarried person.
A married person whose spouse is the parent of the child.
A person whose permanent domestic life-partner is the parent of the child.
The biological father of a child born out of wedlock and/or the foster parent of the child.

Guardianship vs Adoption in South Africa: Legal Differences Explained | Family Law Advice 2025

Requirements for Adoption

Adoptive parents must meet the following requirements:

Be South African Citizens and/or permanent residents in South Africa.
Be 18 years or older.
There are no age limitations, however many of the adoption agencies state that people over 50 years of age are not allowed to adopt a child.

When Can One Adopt a Child?

A person may adopt a child whenever they want to, provided they are 18 years or older and are South African Citizens and/or are permanent residents in the Republic of South Africa.

Read also: Understanding Adoption Types

Why Do People Adopt?

Many people adopt children because they are unable to have their own children. People also adopt children because they wish to make their family bigger, and because they desire to give a child a chance at life and love.

The Adoption Process in South Africa

People who wish to adopt a child have to follow a particular process:

Applying: Approach an accredited Adoption Agency to obtain and complete Application forms for Adoption.
Explanation: The Adoption Agency will explain the adoption process.
Screening: This involves interviews with a Social Worker, full medical tests, psychological assessments, home visits, police checks/clearances, and providing motivation as to why they want to adopt a child and how they will be able to care for the child.
Waiting List: Once declared eligible, parents are placed on a waiting list. The Adoption Agencies then try and find a child as close to their request as possible.
Introduction period: Parents will be given a chance to be introduced to the child they want to adopt. How much time an adoptive parent is able to spend with the child they want to adopt, will depend on the age of the child. Once a child is declared legally adoptable, only then can a potential match with the screened adoptive parents commence.
Finalization of the adoption: Registration of the adoption takes place as well as noting of the adoption on the population register. Finalization of the adoption process can take a while to be completed.

Consent from the biological parents and / or other parties involved in the adoption can be withdrawn up to 60 days after the giving of legal consent. The Children’s Act also makes provision for adoption to be cancelled, even after finalization, but this can be prevented by making sure all the legal requirements are met.

Who May Be Adopted?

Any child (a person younger than 18 years of age) may be adopted, where:

s/he is an orphan and there are no legal guardians or caregivers willing to adopt him/her;
his/her parents or legal guardians cannot be established;
s/he was abandoned, for example, the child had no contact with his/her parents or legal guardians for at least three months;
s/he was abused or neglected by his/her parents, legal guardians or caregivers; or
s/he needs a permanent home.

Who Must Give Consent to an Adoption?

Each parent of the child (whether married to each other or not) and/or every legal guardian must give his/her consent. If the child is older than 10 years of age, s/he must also give consent. Consent must be reduced to writing, signed by the person giving the consent and verified by the Children’s Court.

When is Consent Not Required?

Consent is not required if the parents or legal guardians:

has a mental illness;
abandoned the child and cannot be tracked down;
abused or neglected the child, or allowed the child to be abused or neglected;
failed to fulfill their parental rights and responsibilities towards the child for 12 months;
failed to respond to the notice of the proposed adoption within 30 days of receiving it;
is the father of the child, but did not marry the child’s mother and did not acknowledge that he is the father of the child;
is the father of the child who was conceived from an incestuous relationship between his/her parents; and
is the father of the child and the court found that the child was conceived as a result of the rape of his/her mother.

Adoption Procedure

A notice must be served by the sheriff on each parent and/or guardian to request his/her consent to the adoption.
An interview must be held with a social worker who will compile a report containing information on whether:
- the child can be adopted;
- if the adoption is in the best interests of the child;
- medical information in relation to the child; and
- the eligibility of the prospective parent/s.
An application for the adoption of a child can be made in the Children’s Court and must:
- be accompanied by the report of the social worker;
- be accompanied by a letter from the provincial head of Social Development recommending the adoption of the child; and
- include the necessary consent forms, where applicable.
The Children’s Court must take these factors into account before considering whether to allow the adoption:
- the community, religious and cultural background of the child, the child’s parents, and the prospective parent/s;
- if the adoption will be in the best interests of the child; and
- any other relevant information contained in the application.
If an adoption order has been granted by the Children’s Court, the order, together with the birth certificate of the child, must be taken to the relevant Home Affairs office to record the adoption and any change in surname, where applicable.

Consequences of Adoption

An adopted child is regarded as the biological child of the adoptive parents. All parental rights and responsibilities of the child’s biological parents or previous legal guardians will be terminated.

The adoptive child takes the surname of the adoptive parents (unless the Children’s Court states otherwise). An adoption will not affect the adoptive child’s rights to property s/he obtained before the adoption.

Adoption Process for U.S. Citizens

Because South Africa is party to the Hague Adoption Convention, adoptions from South Africa must follow a specific process designed to meet the Convention’s requirements. Here's an overview of the process for U.S. citizens:

Suitability Determination: You will need to submit a home study, provide biometrics, and cooperate in a background check as part of this application. Unless an exception applies, the home study must be prepared by a person who is authorized under 22 CFR 96 to prepare home studies and who holds any license or other authorization required by the law of the jurisdiction where the home study is conducted.
Referral: If both the United States and South Africa determine that you are suitable and eligible to adopt, and South Africa’s Central Authority for Convention adoptions has determined that a child is eligible for adoption and that intercountry adoption is in that child’s best interests, the Central Authority for Convention adoptions in South Africa may provide you with a referral. The adoption authority in South Africa will provide a background study and other information, if available, about the child to help you decide whether to accept the referral.
Immigrant Visa: Your child will need an immigrant visa if you intend to reside in the United States with your child. Use this information to log into the Consular Electronic Application Center (CEAC) to file the Electronic Immigrant Visa Application (DS-260) for your child. An adoptive parent should fill out these forms in your child's name.
Finalization and Documentation: Once you have finalized the adoption in the South African Children’s Court, you will need to record the adoption in the child’s birth register and apply for a new birth certificate for your child. You must acquire the unabridged or long-form version of the birth certificate, which will list the names, birthdates, and birthplaces of both parents along with those of the child.
Passport Application: Submit a completed DHA-73 application form in person to any district office of the Department of Home Affairs, accompanied by the unabridged birth certificate. The parents must satisfy the passport officer of the child’s identity and their parental relationship to the child.
Visa Interview: Consulate in Johannesburg if you intend to bring your child to reside in the United States with you. Visa issuance after the final interview generally takes 24 hours. It is not usually possible to provide the visa to adoptive parents on the same day as the immigrant visa interview.
Citizenship: citizenship (if the child otherwise meets the requirements of INA 320). You may file a Form N-600, Application for Certificate of Citizenship, once the requirements are met.

Important Considerations for U.S. Citizens

Before you adopt a child in South Africa, you must complete the steps outlined above. The National Department of Social Development is the Central Authority for all adoptions (domestic and intercountry). The Children’s Court holds the final hearing and issues an order of adoption. The Department of Home Affairs processes the birth certificate, South African passport, and name change documents, if applicable.

Read also: Adoption Process: Uganda

Authentication of Documents

You may be asked to provide proof that a document from the United States is authentic.

Role of Adoption Agencies

Spence-Chain has over 100 years of adoption experience and the longest history of facilitating intercountry adoptions into the United States from South Africa. Since the inception of our South Africa Program, we have partnered with Johannesburg Child Welfare (“JCW”) to facilitate adoptions from South Africa.

Adoption Program Details

Spence-Chapin’s South Africa adoption program is open to adoptive families living throughout the United States.

Marital Status: South Africa welcomes married couples, single men, single women, and domestic partners to adopt.
Family Composition: Families who are already parenting as well as families who are not yet parenting are welcomed to apply.
Ages: Spence-Chapin’s South Africa program places children ages 1 to 9 years old at the time of referral.
Sex: Families adopting from South Africa must be open to adopting a child of either sex.
Race/Ethnicity: Families adopting from South Africa must be open to parenting a child of any race or ethnicity.
Special Characteristics: All children placed through this program have special needs.

Spence-Chapin Adoption Fees

Spence-Chapin prides itself on transparency of fee disclosures. The following table outlines the estimated costs:

Fees	Local Families	Non-Local Families
Spence-Chapin Professional Services Fees	$16,115	$16,615
Home Study Fees	$2,500 (home study) $1,000 (home study update)	$2,050-$5,000
Post-Adoption Supervision Fees	$550/visit	$3,500-$4,025
Total Estimated Third-Party & Immigration Fees	$6,875-$9,525	$6,875-$9,525
Estimated Travel Expenses	$9,000-$16,000	$9,000-$16,000
Total Estimated Cost of Adoption Before the Federal Adoption Tax Credit*	$38,350-$49,990	$38,040-$51,165

* The Federal Adoption Tax Credit is an income-dependent tax credit for qualified adoption expenses which can be taken as credit when you file taxes for the year of adoption finalization; in 2023 the maximum adoption tax credit is $15,950 per child.

Steps to Adopt from South Africa with Spence-Chapin

Apply: You can complete our application and listen to the South Africa program webinar here.
Home Study and Training: All families must undergo a home study.
USCIS and Dossier: After your home study is complete, we will guide you in filing your application with United States Citizenship and Immigration Services (USCIS).
Wait Time: The typical wait time to receive a referral is approximately 12-24 months after submission of your dossier.
Referral and Pre-Travel: Johannesburg Child Welfare issues referrals in consideration of what characteristics your family is open to.
Travel: In order to complete the adoption process, adoptive parents must take one trip to South Africa. The trip length is anticipated to be 12+ weeks.
Post-Adoption Visits: Within the first 2-4 weeks of your arrival home, a post-adoption home visit will be scheduled by your social worker.

Spence-Chapin's Community Support in South Africa

Spence-Chapin is responding to this crisis through comprehensive services to children living in institutional care, and by providing for the concrete needs of vulnerable children in South Africa.

The Hague Convention

South Africa and the United States are both party to the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption. This ensures that safeguards are in place throughout every step of the adoption process to ensure that ethical, transparent practices are followed and the best interest of children are preserved.