UNDERSTANDING THE COMPREHENSIVE ADOPTION PROCESS: ENSURING THE BEST INTERESTS OF THE CHILD

Precious Mupenzi

• South Africa’s adoption process is a complex and comprehensive journey designed to protect the best interests of children, according to Dr. Tebogo Mabe, head of the Adoption Unit at the Department of Social Development.
• Key stages in the process include a mandatory 60-day waiting period for biological parents to withdraw consent and rigorous background checks for prospective adoptive parents.
• Dr. Tebogo Mabe, a passionate advocate for children’s rights, is also instrumental in shaping adoption policies at a national level.

The process of adoption is a journey filled with emotional highs and lows, both for the prospective adoptive parents and the children waiting to be adopted. Many people often question why the adoption process can be comprehensive, involving multiple steps and waiting periods. However, these measures are in place to ensure that the best interests of the child are prioritised and that prospective parents are adequately prepared for the responsibilities they are about to undertake.

One of the key stages in the adoption process is the 60-day period allowed for a biological parent to withdraw their consent for adoption. This period is crucial as it provides parents the opportunity to reconsider their decision. Adoption is a permanent and life-altering process; hence, it is essential to ensure that all parties are fully committed before finalising the adoption. During this time, the parents who have given their consent can change their minds, emphasising the importance of thoughtful and deliberate decision-making.

During a recent session of the Department of Social Development’s Integrated Justice System Programme in Cape Town, DSD News spoke with Dr. Tebogo Mabe, who heads the Adoption Unit within the Department of Social Development. Dr. Mabe, a dedicated social worker by profession, exemplifies a profound commitment to his field and to the children he serves. Known for his unwavering dedication, he often emphasises the importance of confidentiality in social work, reflecting his deep respect for the ethical standards of the profession. Despite the inherent need for discretion in handling sensitive cases, Dr. Mabe’s passion for his work shines through in his tireless efforts to advocate for and share information on raising awareness on the matters dealing with adoption.

Dr. Mabe’s commitment extends beyond his immediate responsibilities. He is actively involved in various committees where he engages in discussions on crucial topics such as inter-country adoption, the repatriation of children, and addressing the needs of children in distress both locally and internationally. His role in these committees highlights his broad expertise and his dedication to improving the lives of children in various challenging situations.

While Dr. Mabe is steadfast in maintaining the confidentiality of his cases—a fundamental aspect of his professional ethics—his dedication to the welfare of children is evident in his proactive involvement in shaping policies and practices that affect child welfare. His work in these committees underscores his commitment to ensuring that children receive the care and protection they need, whether through adoption processes or other means of support.

“The adoption process is meticulously designed to prioritise the well-being and safety of children. The steps and regulations are not arbitrary obstacles but essential measures. These include the mandatory 60-day period during which biological parents can withdraw their consent, ensuring they are absolutely certain about their decision,” he explained.

Dr. Mabe also highlighted the importance of the Sexual Offences and Related Matters Act (SORMA), which mandates thorough background checks on prospective adoptive parents. This legal framework is crucial in preventing individuals who may pose a risk to children from being granted the responsibility of adoption.

 “The Sexual Offences and Related Matters (SORMA) Act mandates thorough background checks on all prospective adoptive parents. This legal requirement ensures that individuals who are unsuitable to work with children, as determined by Section 120 of the Children’s Act 38 of 2005, are not granted the right to adopt. This step is vital in safeguarding the welfare of the children, ensuring they are placed in safe and nurturing environments,” he said.

Dr. Mabe’s commitment to his profession extends beyond his immediate responsibilities. He actively participates in various committees where he engages in discussions on crucial topics such as inter-country adoption, the repatriation of children, and addressing the needs of children in distress both locally and internationally. His involvement in these committees highlights his broad expertise and dedication to improving the lives of children in various challenging situations.

A pivotal component of the adoption process is the Register on Adoptable Children and Prospective Adoptive Parents (RACAP). According to Section 230(3) of the Children’s Act, a child eligible for adoption can only be registered on RACAP after a 60-day period following the biological parents’ consent. This delay ensures that the consent is irrevocable, solidifying the child’s status as legally available for adoption.

In cases of abandoned children, a different but equally stringent protocol is followed. An abandoned child can be registered on RACAP three months after an advertisement seeking to find the child’s parents or guardians has been published, provided no one has come forward. This period can be adjusted if the presiding officer deems it not in the best interest of the child to place such an advertisement.

Dr. Mabe’s insights into the adoption process reflect a deep commitment to the ethical standards of social work and the well-being of children. “The adoption process’s complexity and duration reflect the seriousness with which the welfare of children is treated,” he stated.

“Approximately 500 adoptable children and 200 prospective adoptive parents are registered on RACAP annually. The rigorous checks and waiting periods are not just bureaucratic formalities but essential steps to ensure that children are placed in stable and loving homes. Each phase of the adoption journey, from consent withdrawal periods to detailed background checks and registration protocols, is carefully orchestrated to protect children. These procedures ensure that the children are placed with families who are not only willing but also fully capable of providing a nurturing and stable environment,” he emphasised.

While the adoption process may appear lengthy and cumbersome, it is a necessary journey to uphold the best interests of the child. As the custodian of the Children’s Act, the Department of Social Development has the crucial role of balancing the needs of children with the desires of prospective adoptive parents. This thoughtful and deliberate approach ensures that every child finds a loving family, capable of providing a brighter and more secure future.