Adoptive parents may return 'unwanted' children

The news comes after an application by the registrar of adoptions to have a recent decision made by the Constitutional Court overturned. The court granted a Johannesburg man permission to have the adoption of his former wife's children rescinded. The application was unsuccessful.

The Johannesburg man reportedly adopted the children six years ago, passing the two-year limit within which an adoption can be rescinded as stipulated in the Adoption Act.

In his application, the Johannesburg man, who has since been divorced from the mother of the children, claims the children have developed a relationship with their biological father and he has not seen them ever since the divorce.

The ruling, however, has raised concerns among child rights proponents and at the Department of Social Development that it may set a precedent for other adoptive parents who feel the need to "return" their adopted children.

"What is concerning is that the precedent is set. This opens the door for [other] people who want the court to set aside [their adoptions] if they feel they can no longer take care of the children. It seems to us it's a serious misunderstanding . It's a dangerous precedent that parents can step out of an adoption agreement," Ann Skelton of the Centre for Child Law was quoted as saying on Times Live.

Acting director-general Magwaza of Department of Social Development stated in his affidavit: "If the judgment and order of the [High Court] is to be followed, it would mean that step-parents are incapable to adopt, stepchildren are not adoptable and adoption terminates all responsibilities and rights of biological parents who have care of children."

In 2015, a Krugersdorp couple approached the North Gauteng High Court to cancel the adoption of a child they raised for five years.

The couple told the court of “horrific” incidents of suicide attempts, sexual behaviour, aggression, violence, and emotional blackmail directed at them as the reasons for their application, IOL reported.

The boy has been back in a place of safety.