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IMPLEMENTATION OF ADOPTION POLICY FRAMEWORK AND

STRATEGYPORTFOLIO COMMITTEE ON SOCIAL

DEVELOPMENT

14 MAY 2013

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OVERVIEW OF THE PRESENTATION

•Purpose•Legislation•Background•Process of adoption•Effects of adoption•National adoption•Intercountry•Capacity building

• Awareness and promotion of adoption services

• Monitoring and evaluation• Impact of the Children’s Act on

adoption• Action plan • Recommendation

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Purpose

• To provide a briefing on the implementation of Adoption Policy Framework and Strategy.

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Legislative framework

National Legislation

The Constitution of the Republic of South Africa Act,1996 (Act No. 108 of 1996);

Children’s Act, 2005 (Act No. 38 0f 2005);

Criminal Procedure Act, 1951 (Act No. 77 of 1951);

Social Work Act, 1978 (Act No. 110 of 1978);

Birth and Deaths Registration Act, 1992 (Act No. 51 of 1992);

Marriage Act, 1961 (Act No. 25 of 1961);

Maintenance Act; and

Customary Law Act.

 

International Legislation

United Nations Convention on the Rights of the Child;

Hague Convention on The Protection of Children and Co-operation in respect of Inter-country Adoption;

African Charter on the Rights of the Child;

Hague Convention on Civil Aspects of International Child Abduction; and

U N protocol to prevent trafficking in persons.

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Legislative framework

The following guiding documents are also used:

The Rights of the child in internal and intercountry adoption:

Ethics and principles. Guidelines for Practice;

Guidelines for practice on national and intercountry adoption and

foster family care (Sweden); and

Guide to good practice under the Hague Convention of May 1993

on the Protection of Children and Co-operation in Respect of

Inter-country Adoption.

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Background.

• Adoption is a traditional method of care in the field of child protection and has for many years been regarded as the most effective means of providing a permanent and stable family life for orphaned and vulnerable children. It is a placement of a child in a permanent alternative care of a person who is not his or her biological parent or permanent guardian;

• The main purpose of adoption 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 and nurturing family relationships intended to last a lifetime; and

• Adoption is one of the statutory services rendered to children who are in need of care and protection. Due to different circumstance in their lives, there are no prospects of reuniting them with their families of origin, therefore placing them with stable and loving families through adoption may be considered the best option for them.

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Background cont.

• Adoption is legal process facilitated through the Children’s Court by an adoption social worker and the Presiding Officer. Adoption process follows strict legal procedures which terminate the parental responsibilities and rights of biological parent/s or guardian/s over a child and vested those responsibilities and rights in another person/s, namely the adoptive parent/s; and

• Adoption of a child has the same legal status to that of a biological family in that, it assures children as part of their adoptive families and a continuous relationship with their family members long after their 18th birthday, unlike other forms of alternative care, such as foster care and child and youth care centres. It is therefore a preferred option over other forms of care because of the permanency and protection it brings to the permanent relationship between the child and the adoptive family.

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Process of adoption

• The child’s circumstances must be investigated by an adoption social worker, to determine if he/she is adoptable;

• The circumstances of a person/s wishing to adopt a child must also be investigated to ensure that the person/s meet the requirements as a prospective adoptive parent according to Children’s legislation; and

• Biological parent/s or guardian of the child (if available) and the child (if 10 years or above) must sign legal consent for the adoption as the Children’s Court may require, before the adoption is finalized and the Court order granted.

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The effects of adoption Order

• An adoption order brings about a situation in which a child becomes the child of a new parent/s, and the legal ties that the child had with any member of his or her family of origin cease to exist;

• An adoption order has the effect of ceasing all parental responsibilities and rights of the biological parent/s and transferring those responsibilities and rights to the adoptive parent/s;

• The adopted child must for all purposes be regarded as the child of the adoptive parents;

• The child takes on the surname of the adoptive parent/s unless otherwise ordered by Court; and

• The child’s right to any property acquired before the adoption remains in place.

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Requirements

Prospective adoptive parent/s who wish to adopt a child must meet the following requirements:

• Must be fit and proper person to be entrusted with full parental responsibilities and rights towards a child;

• Should be willing and able to undertake, exercise and maintain those responsibilities and rights;

• Must be over the age of 18 years; and• Must be properly assessed by an adoption social worker to

determine his/her suitability.

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National Adoption programmes

The Children’s Act makes provision for Chapter 15 which

deals with National adoption and Chapter 16 which deals

with Inter-country adoption.

•National Adoption Programme entails the placement of children locally.•The following are the elements for the implementation of National adoption programme:

Register on adoptable children and prospective adoptive parents (RACAP). •Section 232 of the Children’s Act (38 of 2005) requires the DG to keep and maintain a register for the purpose of keeping a record of adoptable children and a record of fit and proper adoptive parents. The register assists to facilitate the matching of available prospective adoptive parents and adoptable children in South Africa.

REGISTER ON ADOPTABLE CHILDREN AND PROSPECTIVE ADOPTIVE PARENTS (RACAP)

RACAP Annual figures:

• 2011/12             - 456 adoptable children registered.

                            - 111 Prospective Adoptive Parents registered.

 •2012/13              - 508 adoptable children registered.

                            - 237 Prospective Adoptive Parents registered.

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National Adoption programmes

Adoption Register•Section 247 makes provision for the Adoption Registrar to record information pertaining to adoptions and to keep the register.•Below is the statistics on adoption registered:

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Promotion and awareness on adoption services

• Community and Stakeholder Dialogues are being held in promoting adoption services;

• 5 Community Dialogues conducted in Eastern Cape; North West; Mpumalanga; Free State and Limpopo; and

• Stakeholder Dialogues conducted with the National House of Traditional Leaders; Free State Provincial House of Traditional Leaders and the North West Council of Churches.

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Promotion and awareness on adoption services

• Partnership with the National Adoption Coalition has been established;

• National Workshop on adoption conducted with adoption stakeholders;

• Promotional material have been developed (Tswana, Tsonga, Venda, Xhosa, Zulu and English) and distributed to communities.

• Radio interviews have been conducted in various Radio Stations in promoting adoption services; and

• Newspaper and magazine articles have been placed in promoting adoption services.

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Accreditation

Section 251 make provision for the DG to accredit and keep the register of Adoption Social workers in Private and Child Protection Organisation to perform adoption services.

• Total number of Adoption service providers accredited = 84• Adoption social workers in private practice = 42• Child Protection Organisations (CPOs) = 42

Capacity Building • Capacity building workshops are being conducted in provinces with adoption stakeholders

2011/2012 all 9 provinces have been capacitated 2012/2013 (Gauteng, Western Cape, Mpumalanga and KwaZulu Natal) have been capacitated 2013/2014 (Free State, Northern Cape, Eastern Cape, Limpopo and North West) are to be capacitated.

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Number of children adopted internationally

The statistics below is the numbers of inter-country adoptions registered

Period Inter-country adoptions

1 April 2004 – 31 March 2005

 239

1 April 2005 – 31 March 2006

248

1 April 2006 – 31 March 2007

256

1 April 2007 – 31 March 2008

231

1 April 2008—31 March 2009

218

1 April 2009 – 31 March 2010

 293

1 April 2010 31 March 2011  200

1 April 2011 – 31 March 2012

198

1 April 2012 – 31 March 2013

 177

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(i) Disclosed (open) adoption•A disclosed adoption or an open adoption is the adoption where the person giving up the child for adoption knows the person who wishes to adopt his or her child. Their details and identity may be disclosed to the prospective adoptive parent/s and vice versa. These are mostly family- related or stepparent adoptions.

(ii) Non-disclosed or closed adoption•A non-disclosed or closed adoption is where there is no disclosure of identity and personal details of the biological parent/s or guardian/s of the child and the prospective adoptive parent/s. There is no contact or communication among the parties.

Adoption by family type•Biological adoption: Adoption of a child by his biological father who was not married to the child’s mother when the child was born;

•Family adoption: Adoption of a child by relatives, e.g. uncle, aunt, grand-parent etc;

•Foster adoption: Adoption of a child by a foster parent, a person who legally fostered the child; and

•Step adoption: Adoption of a step child by a step-parent.

Types of adoptions

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INTERCOUNTRY ADOPTION PROGRAMME

The programme entails the placement of children across countries.•SA acceded to the Hague Convention on Inter-country Adoption 1 December 2003); and•The DG for DSD is the Central Authority for intercountry adoption in terms of Section 27.Accreditation•Section 259 make provision for the DG to accredit and keep the register of Child Protection Organisation to perform intercountry adoption services;• Child Protection Organisations have been accredited for intercountry adoption = 10.Capacity Building Capacity building workshops are being conducted in provinces with adoption stakeholders:•2011/2012 all 9 provinces have been capacitated;•2012/2013 (Gauteng, Western Cape, Mpumalanga and KwaZulu Natal) have been capacitated; and•2013/2014 (Free State, Northern Cape, Eastern Cape, Limpopo and North West) are to be capacitated.

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PRACTICE GUIDELINES ON INTER-COUNTRY ADOPTIONS

• The SA adoption practice has been broadened to include the option of inter-country adoption; and

• A good quality level of inter-country adoption service and practice is therefore needed to ensure that the best interests of children, who cannot be placed into suitable care locally, are addressed.

• Guidelines are required to:

– ensure that the inter-country adoption practice in SA adheres to internationally recognised standards;

– prevent or deter the sale, trafficking and abduction of children.

– improve service delivery through appropriate training;

– serve as a guide to the Central Authority and accredited child protection organisations and other professionals working directly or indirectly with children; and

– form the basis for monitoring, assessment, monitoring and evaluation of inter-country adoption services in South Africa.

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Number of children adopted internationally• The statistics below reflects the inter-country adoptions registered.

CHILDREN ADOPTED IN FOREIGN COUNTRIES

COUNTRY 2010/2011 2011/2012 2012/2013

1. AUSTRIA 04 - -

2. BELGIUM 16 22 27

3. CANADA 09 - -

4. DENMARK 44 46 40

5. FINLAND 36 40 29

6. FRANCE 02 06

7. GERMANY 18 12 12

8. LUXEMBOURG 05 - -

9. NETHERLANDS 19 21 17

CHILDREN ADOPTED IN FOREIGN COUNTRIES cont.

COUNTRY 2010/2011 2011/2012 2012/2013

10. NEW ZEALAND - 2 01

11. NORWAY 19 15 14

12. SWEDEN 25 27 22

13. SWITZERLAND - 01 -

13. UNITED KINGDOM 01 - 01

14. UNITED STATES OF AMERICA

04 08 08

TOTAL: 200 196 177

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WORKING AGREEMENTS

• Section 260make provision for accredited CPOs to enter into working agreements with an accredited adoption agency in a foreign country; and

• The following are the countries that the South African Central Authority has working agreements with in terns on inter-country adoptions.

Netherlands Sweden Germany Finland Norway Denmark Austria Luxembourg  Finland   Belgium United States of America  Belgium France United States of America Australia Canada

Impact of Children’s Act on adoption

• Permanency planning for children who are adoptable;• Adoption service providers accredited by DSD to render quality

services;• RACAP promotes and facilitates placement of children;• Integrated and coordinated promotion of adoption services;• Children who cannot be placed locally are afforded permanency

placement internationally; and• Placement of children internationally are monitored through

aftercare services.

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CHALLENGES

Adoption as a placement option has been widely under-utilised in SA, as most children are being placed in foster care due the foster care grant; and

There are barriers preventing people from adopting children, such as socio – cultural obstacles within different communities, obstacles from service providers and the legal and judicial system due to limited knowledge and interpretation and application of the Act;

Absence of dedicated and specialised Adoption units in provinces;

Insufficient networking among adoption service providers;

Insufficient information and community awareness about adoption;

Social workers from the Department of Social Development are not accredited to provide adoption services in terms of Section 251 of the Children’s Act, and are not recognised as adoption social workers, therefore, they are not permitted to present and finalise adoption cases in some of the Children’s Court; and

Inaccessible adoption services in un-resourced / rural areas due to insufficient adoption service providers.

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• MONITORING AND EVALUATION

Monitoring and evaluation is in process to ensure:

• compliance to the Children’s Act;

• the Hague Convention on the Protection of Children in Respect of

Inter-country Adoption;

• adherence to the accreditation requirements and working

agreements with foreign countries; and

• Onsite visits have been conducted in 4 Accredited CPOs.

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ACTION PLAN

• Continued promotion of adoption services to view adoption as an option for permanent placement of children;

• Due to government social workers being omitted in the definition of adoption social worker, a proposal is made to amend the Children’s Act to include social workers in the employ of government;

• Dealing with cultural barriers that prevent people from the adopting children Continued capacity building of service providers;

• Continuous engagement with relevant stakeholders in the interpretation and application of the Act;

• Continuous engagement with the Provincial Departments regarding the establishment of dedicated Units for Adoptions; and

• Encourage service providers to establish networking forums.

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Recommendations

It is recommended that:• Portfolio Committee on Social Development takes note of the

implementation of the Adoption Policy Framework and Strategy.