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Step-Parent Adoption Gone Wrong: GT v CT [2015] 3 ALL SA 631 (GJ)

Show simple item record Ferreira, Sandra Skosana, Themba 2017-05-04T11:10:29Z 2017-05-04T11:10:29Z 2016
dc.identifier.citation Skosana T and Ferreira S "Step-Parent Adoption Gone Wrong: GT v CT [2015] 2 ALL SA 631 (GJ)" PER / PELJ 2016(19) - DOI en
dc.identifier.issn 1727-3781
dc.description.abstract In GT v CT [2015] 3 ALL SA 631 (GJ) two children had been legally adopted by their stepfather while the Child Care Act was in operation. After the implementation of the Children's Act 38 of 2005, however, he applied for these adoption orders to be rescinded. The court was faced with a situation where the application had been brought in contravention of the maximum two-year-period as prescribed by the Children's Act. Although it was argued that non-compliance with this statutory requirement prevented the court from adjudicating this matter, Mokgoatlheng J focused on the best interests of the child, considered the legality of the adoption orders (why?), and ultimately concluded that the supremacy of the best interests of the child meant that he was not precluded from hearing the application. In the end he ordered the rescission of the adoption orders. The judgment cannot be supported. en
dc.language.iso en en
dc.publisher Faculty of Law, North West University en
dc.rights This work is licensed under a Creative Commons Attribution 4.0 International License.
dc.subject Adoption en
dc.subject Children en
dc.subject Parental responsibilities and rights en
dc.subject Best interests of the child en
dc.title Step-Parent Adoption Gone Wrong: GT v CT [2015] 3 ALL SA 631 (GJ) en
dc.type Article en
dc.description.department Private Law en

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