Dockstader, un hombre que, entre otros antecedentes, arrastró hasta su muerte la mala

The following chapter addresses the first objective of this study, which is to explore transracial adoption within the context of South African policy documents and legislation. Due to the growing number of black and coloured children being placed for adoption and an overwhelmingly large portion of adoptive parents being white, the need for legalization of transracial adoption became critical in South Africa. The chapter begins by providing a brief history of the development of legislation pertaining to adoption in South Africa. Current legislation and policy related to adoption in the South Africa context is then explored. The care and protection of children related to adoption as specified in the Children’s Act 38 of 2005 is subsequently discussed. Finally, in order to better understand adoption in South Africa, the process is briefly discussed, focusing on the parties involved.

Adoption is an ancient arrangement as, according to the Bible, Greeks, Romans, Egyptians and Babylonians all had adoption systems. Children were transferred from biological parents to adoptive parents for various reasons. Although some adoptive parents wanted to create or increase their family, others opted to take on children for political alliances, for inheritance, for future marriage or to care for elderly parents. These adoptions were not conducted in the interests of children, as orphaned or abandoned children often became slaves. Rowen (n.d.) Ancient adoptions in the Roman Empire mostly involved adult males and the aristocracy. Wealthy families who could not produce sons, would adopt older boys or men to provide them with male heirs. Several Roman emperors, including Hadrian and Marcus Aurelius, were adopted. As bloodlines became paramount for inheritance in the Middle Ages, adoption declined. During this time, the Catholic Church began encouraging adoptions in the interest of abandoned and orphaned children, establishing homes and standards of treatment for these children. The process of adoption has changed significantly since then, and is now regulated by laws, which ensure that the best interests of the child are met (Children’s Act 38 of 2005:18). Several authors have remarked that determining the best interest of the child can be a challenging task (Davies, 2011:52; Ferreira, 2009:119, 246; Thoburn, 1998:190). Section 7

of the Children’s Act 38 (2005:20) specifies the factors to be considered when determining a child’s best interests. This detailed information is instrumental in assisting adoption social workers in South Africa in their decision making processes regarding children (Doubell, 2014:41).

Adoption is a legal process which permanently gives parental rights to adoptive parents. Children are permanently placed into the care of a family that is not their biological family due to the fact that their biological family is either unwilling or unable to care for them (McRoy, Grotevant & White, 1998:1).

Adoption can be defined as a judicial process in which the legal obligations and rights of a child towards the biological parents are terminated and new rights and obligations are created between a child and the adoptive parents. Adoption involves the creation of the parent-child relationship between individuals who are not naturally related. The adopted child is given the rights, privileges and duties of a child and heir by the adoptive family. An adult assumes the role of the parent for a child other than his or her own biological offspring through the process of adoption. Informal adoptions occur when a relative or step-parent assumes permanent parental responsibilities without court involvement. However, legally recognised adoptions require a court or other government agency to award permanent custody of a child (or, occasionally, an older individual) to adoptive parents. Specific requirements for adoption vary among countries (Mathur, 2012).

In South Africa, rates of adoption remain low while the number of orphaned and abandoned children continues to rise. According to Mokamane & Rochat (2011) foster care has increased over the last decade, but unfortunately so have the number of children placed in residential care. According to UNICEF South Africa (2010), data on children in residential care is both sparse and inconsistent. Although statistics on children in institutional care are not complete, it is known that there are 345 registered children’s homes in South Africa, looking after some 21 000 children. Due to the fact that there are large number of unregistered homes, this estimate is thought to be an underestimation. Children are commonly placed in residential care facilities as a result of abuse and neglect (30%), abandonment (24%) or orphaning (11%). The majority of HIV-affected children are absorbed within extended families, which places immense strain on these family systems.

The rising number of abandoned children is thought to be due to social, economic, political and material factors such as poverty; lack of family support; child abuse and neglect; rape; teenage

pregnancies; parental ill-health; HIV and AIDS; and family breakdown (Barn and Kirton, 2012:25; Gerrand & Nathane-Taulela, 2013:3; Administrator, 2001). Blackie (2014) adds that although cultural beliefs which discourage termination of parental rights results in low adoption rates, the absence of adoption subsidies also plays a role.

When left without parental or familial care, the state becomes responsible for the child. In order to ensure that the child’s needs are met, intervention on the part of the state needs to take place. Mokomane & Rochat (2010:vii) maintain that adoption is one form of intervention that has been recognised as being a favourable option for children who have been abandoned or orphaned.