With World Adoption Day having been observed on 9 November, and with World Children’s Day coming up on 20 November, Tukkievaria sat down with Fortune Mongwai, a candidate attorney for UP’s Centre for Child Law, to explore the benefits of adopting a child who might otherwise not have a home.

Fortune Mongwai, a candidate attorney for the University of Pretoria’s (UP) Centre for Child Law, details the benefits of adoption in light of World Adoption Day, which was recently commemorated, and World Children’s Day on 20 November.

What is the significance of World Adoption Day, and why is it important to observe it?

As a point of departure, it must be noted that Section 28(1) (b) of the Constitution of the Republic of South Africa provides that every child has the right to family or parental care. Family or parental care as defined by legislation and case law include care by the adoptive parent(s).

In the case of Du Toit v Minister of Welfare and Population Development, adoption was acknowledged  as “a valuable way of affording children the benefits of family life, which might not otherwise be available to them”. Where the prospective adoptive parent(s) are willing to adopt a child, there must be promotion of a culture of dignified treatment towards such person or persons when they want to access the services. This must be in a manner that the Department of Social Development, existing policies and legislation does not unfairly discriminate against such people on the basis of relations to the child, gender, marital status, race, sexual orientation, culture or any other reason. The adoption process ought to be based mainly on suitability and whether prospective parent(s) will provide better care and protection of the child.

As such, World Adoption Day reminds us that families come in different forms, and must be afforded the same respect and protection as any type of family that is recognised in South Africa. It is important that this day is celebrated as it also reminds prospective families of the correct procedures to follow when considering adoption, as provided for in the Children’s Act 38 of 2005. Furthermore, it raises awareness and works to eliminate any stigma that might come with adoption. It is also important to ensure that information about adopted children’s birth families is preserved so that children are able to trace their origins in future.

What are the key challenges and misconceptions about adoption that need to be addressed?

Proper procedures might not be followed by the prospective parent(s), or the information provided by practitioners is inconsistent with existing legislation, particularly the Children’s Act (in Chapter 15, Sections 228 – 253), which clearly sets out the process and procedures that must be followed in order for an adoption to be formalised and legally recognised. Systematic issues have also caused delays in the processing of child adoption.

Adoption comes with misconceptions, most of which is due to lack of information with regard to the benefit of adopting a child who would otherwise never have had the benefit of family life. South Africa is a diverse country with different cultures and beliefs; this plays a significant role. Many feel that an adoption must be kept a secret; others think that adoption is only for people who have money, which is untrue. Adoption is not necessarily about the financial position of the prospective parent(s) but about their suitability and whether the adoption is in the best interests of the child.

Another misconception is that the biological parents can take back the child at any time. This is not true: adoption is a legal process where procedure as provided for in the Children's Act must be followed. This presupposes the importance of post-adoption agreements in the case of known biological parents.

Challenges and misconceptions can be addressed by following the proper procedures and asking for clarity on how the process works. There is also a need to raise awareness to avoid situations that will lead to the children's best interests not being considered in these processes. 

How can the stigma often associated with adoption be eliminated, and how can we work towards viewing adoption as a positive and loving choice?

One must understand the history of adoption and the role it has played in the lives of many children and families around the world. As mentioned, education and raising awareness around adoption is very important to ensure that there isn’t any form of discrimination or stigma. The purpose of adoption, as clearly articulated in the Children's Act, it is to protect and nurture children by providing a safe, healthy environment with positive support; and to promote the goals of permanency planning by connecting children to other safe, nurturing family relationships that are intended to last a lifetime. This underscores how adoption should be viewed.

We can eliminate stigma by educating society about the benefits of adoption and that it is also a type of family that is recognised, where the adopted child is treated in the same way, as if they were biologically born to the adoptive family. We can also ensure that existing laws and policies are not discriminatory towards prospective parent(s).

What resources and support systems are available for families considering adoption?

The Children’s Act sets out who is responsible to assist prospective adoptive parent(s) or families and what type of support will be afforded to ensure the suitability and state of readiness for those considering adoption.

For example, for children who have been abandoned and are in children's homes or care centres, the prospective parent(s) might be given an opportunity to bond with the child and be provided with the necessary group support. This is to enable them to be certain about their decision and not overlook the best interests and needs of the child. Ideally, there is online information available for prospective parent(s) to have a look at and social services that deal with adoption processes that might be approached for reliable information. There are also workshops facilitated by various adoption organisations that support families through the journey of adoption.

What advice do you have for people who are considering adoption?

When considering adoption, it must be with good intentions, and one must be prepared for the process of adoption, as it differs from person to person. If and where necessary, consult and ensure that you are ready for this lifetime commitment, and do not make decisions that might not be in the best interests of the child.