Issued by: Ministry for welfare and population development
Minister for Welfare and Population Development, Ms G. Fraser-moleketi last Wednesday, 2 September 1998, tabled a second reading of the Adoption Matters Amendment for debate in the National Assembly. The Amendment Bill was successfully passed without amendments.
Today at 16h00 the Minister will table the Bill in the National Council of Provinces where the Bill will be passed without any amendments. The Minister will be addressing the chairperson and members of the select committee on Social Services.
This is a breakthrough for the Department of Welfare as the court had on 5 February 1997, given Parliament two years in which to correct section (18)(d) of the Child Care Act 1983 in it's judgement of the Fraser versus Childrens' Court case. The Constitutional Court in this case decided that section (18)(d) of the Child Care Act 1983 violates the right of natural fathers to equality before the law by, without exception, dispensing with their right to give or withhold their consent to the adoption of their children born out of wedlock.
The Amendment Bill therefore effectively affords natural fathers the opportunity to participate in the decision making as to whether their children born out of wedlock, should be given up for adoption. According to the Bill, natural fathers are entitled to be notified of pending adoption proceedings of their children and so as to decide on whether they consent to the adoption or not, provided that they register their acknowledgement of paternity with the Department of Home Affairs. The Bill however excludes natural fathers of children born as a result of rape, incest or assault from consenting to the adopting of their children. The main consideration in developing this Bill is the principle of parental responsibilities as the Bill seeks to act in the best interest of the child.
After the Bill has been passed by the National Council Of Provinces, the pace will be set for the drafting of regulations to implement this Bill.