Step-Parent Adoption Gone Wrong: GT v CT [2015] 3 ALL SA 631 (GJ)
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Authors
Ferreira, Sandra
Skosana, Themba
Issue Date
2016
Type
Article
Language
en
Keywords
Adoption , Children , Parental responsibilities and rights , Best interests of the child
Alternative Title
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 After the implementation of the Children's Act 38 of 2005, however, he applied for these adoption orders to be rescinded.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.
Description
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
Publisher
Faculty of Law, North West University
License
This work is licensed under a
Creative Commons Attribution 4.0
International License.
Journal
Volume
Issue
PubMed ID
DOI
ISSN
1727-3781