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Adoption from
South Africa
Overview
The Republic South Africa has acceded to the
Hague Convention on International Adoption, an international
convention that includes guidelines for international adoptions and
many other issues related to children. The United States has signed
the Hague Convention, but has not fully ratified it as of yet.
The Republic of South Africa itself is still
working on finalizing the infrastructure to allow full implementation
of the Hague Convention. In order to meet the internationally agreed
upon norms and procedures as defined by the Convention, South Africa
is passing a new Children’s Act.
This Act will bring clarification and additional guidelines to
South Africa’s current adoption process.
Currently, the final draft of the law is still being
considered. It appears
that once the Convention is fully in place, South Africa will only be
placing children with families from countries that have fully ratified
and implemented the Hague Convention. Once the new Childrens Act is in
place, Non-Hague
countries will be able to work with South Africa’s Central Authority
to discuss the possibility of coming to a unilateral agreement,
whereby international adoptions may be able to continue.
There are currently two ways to proceed with
the international adoption of a child from South Africa. It is
important to remember that in either case it must first be shown that
there are no prospective adoptive parents within South Africa for that
child. The first method is to go through the local courts and get a
finalized adoption in country. Currently,
to get a finalized adoption in South Africa the interim leader of the
Central Authority must sign off for each orphan to leave the country
and agree to the country to which the child is going.
Although the South Africa has not passed the Children’s Act,
the interim leader has stated that she will only approve placements of
children to Hague Countries. With the Central Authority’s approval,
the family proceeds to the local court where their adoption is
processed.
The second method for adoption is to place a
petition with the High Court to gain sole guardianship of a child. Upon assuming guardianship, the adoption would be finalized
once a family is back in their home country.
To use the guardianship route, a lawyer in South Africa
presents to the High Court the specifics on an orphaned child and the
details of the prospective adoptive parents, including reports from
social workers and other pertinent background information. The Court
must be convinced that it is in that specific child’s best interest
to be placed with that family.
With the first avenue closed to families from
non-Hague countries, a guardianship petition through the High Court is
the only option left for families from countries which have not
adopted the Hague Convention or fully implemented it.
Unfortunately, this present restriction applies to families
from the United States. It
is important to note, however, the guardianship route is under much
debate in South Africa. In
many circles, it is felt that guardianship status is being used in
order to circumvent the Central Authority and as such, they are
talking steps to try and prevent the guardianship adoptions from
continuing.
During my recent visit, I found that there were
some people in positions of significance who strongly felt there were
enough adoptive families within South Africa for all of South
Africa’s orphans. Although
I wish this was true, I spent nearly two weeks visiting packed
orphanages, children’s homes and other children’s centers, and I
found that this is simply not the case.
I believe much of the resistance to international adoption is
out of concern that children being adopted from South Africa will lose
their culture when placed outside their native country. While I can
appreciate the desire to maintain a child’s culture, I still believe
that when a loving adoptive home is not available for an orphan within
their own country, it is in the best interest of the child to be
placed with any available loving adoptive home, even if that family
does not reside in South Africa.
It is important that families who adopt internationally, or
transracially, actively take steps to teach their child about their
country and culture of birth. There is no reason this cannot be done while the child is
safe with a loving family they can call their own.
Due to the uncertainty in the current state of
international adoptions between the United States and the Republic of
South Africa, the African Adoption Alliance is now closed. Families
interested in more information on the situation are advised to contact
a social worker or lawyer in South Africa. Two contacts I would
suggest are:
Contacts:
Sue Krawitz and Sheri Shenker
Social Workers with Impilo Children’s Home
Street Address
25 11th Ave., Orange Grove, 2192, South Africa
Mailing Address
P.O. Box 1675, Bramley, 2018, South Africa
Phone: 27-11-640-6685
Fax: 27-11-640-6838
Email: adopt1@iafrica.com
Website: www.adoptionsa.co.za
Debbie Wybrow and Brad Oliver
Wybrow-Oliver Attorneys
49 Edward Drive, Gillitts, Kwa-Zulu Natal, South Africa, 3610
Phone: 09-27-31-767-4504
Fax: 09-27-31-767-1490
Email: wyboli@icon.co.za
Website: www.wandisa.com
Sample Documents
Sample Adoption Documents for South Africa
(these are sample documents, requirements for documents may vary
depending upon which country you are adopting from)
Home
study outline
Medical
form
Child
medical form
Financial
affidavit
Post-placement
agreement
Documents
needed for dossier
General
information cover sheet
Suggested
Reading List for Adoptive Families
The
Process
- Email any of the contacts I have listed that
show they are processing international adoptions to confirm that
they are still processing adoptions.
- On list of organizations in South Africa
you can find contact details for children’s homes, lawyers
and social workers. Please be sure to read my note on whether
they are processing international adoptions at this time or
not. Also note that they may be processing international
adoptions only with Countries that have ratified the Hague. If
I have listed that an organization is not processing
international adoptions at this time, please do not contact
them in regards to adoption).
- Let them know you are starting your
homestudy and immigration paperwork for your country (BCIS is
in the US).
- Be sure to email them the basics on the
number, ages, special needs of children you are hoping to
adopt.
- Ask them if they would like you to send a
photo book and intro letter (this is a letter describing your
self and your family, with photo’s of your home, family and
community. It helps the organizations in South Africa to get
to know you. Although some may not want to receive anything
until all your dossier is complete).
- Review with them what documents will be
needed for the adoption, what the process will be, possible
time frame and fees. (this site is meant as a guideline but
you must confirm all information independently).
- Ask if the adoption will likely be
completed as a finalized adoption in country or a sole
guardianship with you finalizing the adoption once back in
your home country (the answer to this question may determine
how you will fill out your immigration paperwork). If
something changes you can go back and change the immigration
paperwork (I-600A in the US). If in doubt, stating that you
will not be finalizing the adoption in country usually means
additional paperwork and is the safer way to go).
- Have
a homestudy completed by a licensed adoption agency (outline of
homestudy requirements)
- Collect
documents needed for Dossier (list of documents)
- Complete pre-immigration paperwork - form
I-600A with BCIS for US families (link to download I-600A) (sample
I-600A completed).
-
Complete
all requirements for pre-immigration. In the US this will include,
Get fingerprints completed for background check. BCIS will contact
you with an appointment time to have your fingerprints taken).
-
Send
completed dossier to homes, social workers and/or lawyers in South
Africa. If you are in contact with more then one home keep the
original copy of your dossier and send copies of it to the various
homes. Be sure to let each home you are working with know that you
are in contact with other homes or agencies).
- Wait
for a child to be matched with you.
- This
is the frustrating and time consuming part of the process. You can
stay in contact with the various homes, lawyers or social workers
to see if they have any leads on a referral for you. However, be
sure not to become overly demanding or persistent as this will not
be beneficial. It is hard for any home or organization to know
when a child will come free for international adoption. It is
important to remember that each child that comes free for adoption
must first have a search in country done to see if there are any
prospective adoptive parents in country. Only after this option is
exhausted does a child become available for international
adoption.
-
Receive
a referral on a child and make travel plans. (list travel
agencies).
-
Let
your Embassy in South Africa know you have received a referral and
set up an interview date. If American: Fax the US Embassy the
letter stating you have all documents needed adoption.
-
Once
a child is referred you will complete the remaining Packet-3
documents. Send an email to the Consulate listed in the letter you
received notifying them you received a referral and set a date to
drop off your documents at the Embassy.
-
Drop
off documents at Embassy.
-
Meet
your child and complete adoption or guardianship process in South
Africa
-
Meet
child and social worker on case
-
Social
worker will complete report for courts on how you are bonding
with new child
-
Have
court date with child
-
Wait
for official adoption paperwork
-
Take
child for medical exam at Embassy approved medical doctor
(list of Approved doctors for Americans). The Embassy will
give you the medical form that needs to be completed.
-
Get child’s South African passport
-
Go
for meeting date with Embassy to get child’s Visa
-
Return
to the home country and re-adopt your child or finalize your
adoption. (See step 17 for "Why Re-adopt?)
-
Complete
any necessary paperwork to get child citizenship in your home
country or proof of citizenship. If American: Complete INS
form N-643 to have child become a United States citizen or to
receive documentation of child’s US citizenship. (link to N-643
form) (link to state sit on immediate citizenship)
-
If
you receive the final adoption decree, your child will be a US
citizen once they land on US soil according to the Child
Citizenship Act of 2000. (for more information visit http://travel.state.gov
)
-
If
you return to the US with a sole guardianship decree then your
child will automatically become a US citizen once your
adoption is finalized.
-
However,
to receive proof of this citizenship you need to still submit
INS form N-643. You can learn more about the form and download
it at http://www.ins.usdoj.gov/graphics/formsfee/forms/n-643.htm
-
Submit
a copy of your re-adoption or adoption finalization to the social
worker or lawyer you worked with in South Africa.
-
Why
Re-adopt if your adoption is finalized in South Africa? As a
precaution because although the US recognizes the child's
adoption, state courts are not required to automatically
recognize a foreign adoption decree.
Therefore, it is possible that a child’s status could
be questioned in a state court unless the child has a US
adoption decree.
In some states it can be a simple and inexpensive process.
Some states will not issue a new birth certificate unless you
readopt. Your child could always use his or her birth
certificate from South Africa, however as your child grows he
or she will likely find it simpler to request copies of their
birth certificate from your home state instead of overseas.
Most states require post-placement visits for the re-adoption,
as you will be completing four post-placement visits to meet
requirements it would be more economical to complete it all at
one time.
-
Have
your homestudy worker complete the 4 required post-placement
reports, one every 6 months for 2 years. Post-placement reports
with pictures of your child and family need to be submitted to the
social worker or lawyer you worked with. If the social worker or
lawyer does not work exclusively with the children’s home you
adopted from it is a good practice to send a copy of the
post-placement reports and photo’s to the children’s home your
child came from. This helps to let the homes know that the
children they loved and cared for are doing well.
*Once
you return to the US or whichever country is your home country (even
if it is South Africa), please send me an email to let me know how
your adoption went. If you are open to it I can add your child’s
picture to our photo collection of adopted children. If you would be
open to communicating with other families that have completed a South
African adoption or who are interested in completing one please let me
know.
Travel
You will need to travel to South Africa for 2-3
weeks to adopt your child. Check with the home you are adopting from
for suggestions on places to stay and packing details. Many families
have used Premier Travel and Tours as a travel agency for an adoption
from South Africa. You can contact them at:
Premier
Travel and Tours
217 S. 20th St.
Philadelphia, PA. 19103
Phone: 215-893-9966 or 800-545-1910
Fax: 215-893-0357
Email: info@premiertours.com
Website: http://www.premiertours.com/
Premier Travel offers you the option of getting a cell phone to
use during your travels, this can come in very handy in your
travels.
Stories
of two adoptive travels to South Africa:
Johannesburg
Adoption
Durban
Adoptions
Agencies
There are no adoption agencies in the US at this
time that have programs open for adoption from South Africa.
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