The Adoption Consent Form is a crucial legal document required under South African law when biological parents or legal guardians wish to give consent for their child to be adopted. This document is mandated by the Children's Act 38 of 2005 and must be completed before any adoption can proceed. The form serves as evidence that informed consent has been given freely and voluntarily, without any inducement. It includes detailed information about the consenting party, the child, witnesses, and certification by a Commissioner of Oaths. The document must confirm that the consenting party has received proper counseling about the effects and implications of adoption, and understands their right to withdraw consent within 60 days. This form is particularly important as it formally initiates the legal process of terminating the existing parental rights and responsibilities.
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1. Personal Details of Consenting Party: Full details of the biological parent or guardian giving consent, including ID number, contact information, and relationship to the child
2. Child's Information: Full details of the child including name, date of birth, birth registration number, and current place of residence
3. Nature of Consent: Clear statement specifying consent for adoption and understanding that this terminates all parental rights and responsibilities
4. Counselling Confirmation: Confirmation that the consenting party has received counselling about the effects of adoption and understands the implications
5. Legal Rights Statement: Statement outlining the legal rights of the consenting party, including the right to withdraw consent within 60 days
6. Declaration of Voluntary Consent: Statement confirming that consent is given freely and voluntarily, without inducement or compensation
7. Witness Details: Information and signatures of required witnesses to the consent
8. Commissioner of Oaths Certification: Section for official certification by a Commissioner of Oaths
1. Second Parent Consent: Required when both parents are known and available, and both must provide consent
2. Unborn Child Declaration: Special section required when consent is being given for an unborn child, including expected date of birth
3. Inter-country Adoption Acknowledgment: Required when the child may be adopted by parents from another country, acknowledging understanding of international implications
4. Guardian Consent: Required when consent is being given by a legal guardian rather than biological parent
5. Interpreter Declaration: Required when an interpreter has been used to explain the consent form to the consenting party
1. Annexure A - Proof of Identity: Certified copies of identity documents of the consenting party
2. Annexure B - Child's Birth Certificate: Certified copy of the child's birth certificate or proof of registration of birth
3. Annexure C - Counselling Certificate: Certificate from adoption social worker confirming that counselling has been provided
4. Annexure D - Supporting Affidavit: Additional affidavit providing background information or explaining special circumstances if required
5. Annexure E - Medical Information: Relevant medical information about the child and family medical history
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