THE FRASER ADOPTION CASE: RESPONSE BY MINISTER

Issued by: SA Communication Service

12 September 1996

The Lawrie Fraser adoption case is a matter which has raised a number of pertinent issues regarding the Child Care Act of 1983. As the Minister responsible for the Department which implements the Act, the Department of Welfare and Population Development, I would like to make the following comments:

• The Interim Constitution and the new constitution, which in large part was certified by the Constitutional Court, promotes and guarantees gender equality as well as children's rights. The Government has also ratified the International Convention on the Rights of the Child. Taken together these instruments are a clear indication of the Government's commitment to gender equality and the rights of children as a major departure from past government policies.
• The Child Care Act of 1983 should be seen as an attempt to balance out the rights of the child and the rights and responsibilities of parents. The Act aims to promote whatever is in the best interests of the child - a concept which is paramount in matters dealing with the welfare of children.
• If the Act should make parental rights paramount then it would arguably be impossible for the State to remove children from abusive home environments.

For this reason, it would be difficult if fathers of children born to unmarried parents were required to give their consent for an adoption. However, I support Mr Fraser's position that fathers should certainly be consulted about proposed adoption proceedings.

To accommodate this view and effect other changes to the Act, the Child Care Amendment Bill will be tabled in Parliament during this current session. This Bill as well as others from the Minister of Justice will seek to address problems in the child care regime in a holistic manner.

In conclusion, I hope that the Fraser adoption case will be solved speedily so that certainty can be obtained about the future of Timothy Fraser and to enable us to focus on the rights and responsibilities of parents with the interest of the child being central.

Issued: Welfare and Population Development Minister Geraldine Fraser-Moleketi Enquiries: Brian Sokutu, Press Secretary Telephone: (021) 45-4011