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

Ferreira, Sandra; Skosana, Themba

dc.contributor.author	Ferreira, Sandra
dc.contributor.author	Skosana, Themba
dc.date.accessioned	2017-05-04T11:10:29Z
dc.date.available	2017-05-04T11:10:29Z
dc.date.issued	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 http://dx.doi.org/10.17159/1727-3781/2016/v19i0a731	en
dc.identifier.issn	1727-3781
dc.identifier.uri	http://hdl.handle.net/10500/22358
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 After the implementation of the Children's Act 38 of 2005, however, he applied for these adoption orders to be rescinded.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