Adoption in South Africa: How to Adopt a Child [2026]

Adopting a child is one of the most meaningful things a person or couple can do, but in South Africa it is also a tightly regulated legal process. Adoption is governed by Chapter 15 of the Children's Act 38 of 2005, overseen by the Department of Social Development (DSD), finalised by a Children's Court, and ultimately recorded by the Department of Home Affairs when the child's birth is re-registered. This 2026 guide explains who can adopt, the step-by-step process, the documents and costs involved, how long it takes, and what happens to the child's birth certificate and identity records afterwards.

What Is Legal Adoption in South Africa?

Legal adoption is the permanent transfer of parental responsibilities and rights from a child's biological parents (or the state) to the adoptive parents. Once a Children's Court grants an adoption order, the adopted child is treated, for all purposes in law, as the child of the adoptive parents. Section 242 of the Children's Act confirms that the adoption terminates the previous parental responsibilities and rights, confers the adoptive parents' surname on the child (unless the court directs otherwise), and gives the child the same status as a biological child, including rights of inheritance.

Crucially, an adoption in South Africa is only valid if it is made through a Children's Court. No private arrangement, payment, or informal handover counts as a legal adoption. Every adoption must also be facilitated by an accredited adoption social worker or a registered child protection organisation.

Who Can Adopt a Child in South Africa?

Section 231 of the Children's Act sets out who may apply to adopt. A child may be adopted by:

• A married couple applying jointly;
• Partners in a permanent domestic life-partnership applying jointly;
• A widow, widower, divorced or unmarried person;
• A married person whose spouse is the parent of the child (step-parent adoption);
• The biological father of a child born outside marriage;
• The foster parent of the child.

Beyond these categories, every prospective adoptive parent must be assessed as a "fit and proper" person, be over the age of 18, and be willing and able to undertake the responsibilities of parenthood. There is no upper age limit set in law, but the assessing social worker will consider age, health, and financial stability as part of the screening. South African citizenship is not strictly required, although residency and immigration status are taken into account.

Types of Adoption

Related (Kinship) Adoption

This is where a family member adopts a child, for example a grandparent, aunt, or sibling. It is common where a child has been orphaned. If a parent has passed away, you will usually need the relevant death certificate as part of the application.

Non-Related (Stranger) Adoption

This is the adoption of a child by people who are not biologically related to the child. The child must first be legally declared adoptable, and the prospective parents are matched through the national register.

Step-Parent Adoption

A spouse can adopt their husband's or wife's biological child. You will typically need your marriage certificate and, in most cases, the consent of the other biological parent.

Inter-Country Adoption

South Africa is a signatory to the Hague Convention on Intercountry Adoption. These adoptions are only processed through accredited agencies working with the Central Authority (the DSD) and are subject to stricter requirements designed to protect the child.

The Adoption Process Step by Step

While timelines vary, the legal pathway is broadly the same for most adoptions:

1. Apply to an accredited agency or social worker. You cannot lodge an adoption directly with Home Affairs or a court. You start with a registered adoption social worker or a designated child protection organisation.
2. Screening and assessment. This is the most thorough stage. It includes an orientation session, a formal application form, interviews, a home study (a visit to your home), medical reports, a marriage or relationship assessment, a financial assessment, personal references, and a police clearance.
3. Approval and registration. Once approved, prospective adoptive parents are entered onto the Register on Adoptable Children and Prospective Adoptive Parents (RACAP) under Section 232 of the Act.
4. Matching. An adoptable child is matched with suitable approved parents, with the child's best interests as the deciding factor.
5. Placement. The child is placed with the prospective parents, often with a supervised transition period.
6. Children's Court order. The adoption social worker compiles a report and lodges the application with the Children's Court. The presiding officer considers the report, consents, and the child's interests before granting the adoption order.
7. Registration and birth re-registration. The adoption is recorded in the Adoptions Register kept by the DSD, and Home Affairs re-registers the child's birth to reflect the adoptive parents.

Adoption Requirements and Documents

The exact checklist depends on your agency, but prospective adoptive parents are usually asked to provide:

• Certified copies of your South African ID (you can confirm an ID number is structurally valid using our free ID number checker);
• Your marriage certificate or proof of a permanent life-partnership, where applicable;
• A recent police clearance certificate (a Form 29 child-protection check is also done against the National Child Protection Register);
• Medical reports confirming you are healthy enough to parent;
• Proof of income and a financial assessment;
• Two or three written references;
• Consent documents from the biological parents, where these are required under Section 233.

Biological parents who give consent to an adoption have a 60-day window in which that consent may be withdrawn. After the order is granted, it is final and permanent.

Accredited Adoption Agencies and Social Workers

You must work with an accredited provider. There are two main routes:

• State (DSD) adoptions: handled directly by Department of Social Development social workers. These are free of charge but can have longer waiting times.
• Private adoptions: handled by accredited private adoption social workers or registered child protection organisations (such as Child Welfare South Africa branches and other designated agencies). These charge professional fees.

Before signing up with any private agency, confirm that it is accredited by the DSD. The Director-General of Social Development keeps the official adoptions records, and only accredited practitioners may legally facilitate an adoption. If anyone offers to arrange an adoption for cash without a Children's Court process, treat it as illegal child trafficking and report it.

How Much Does Adoption Cost in South Africa?

The cost depends entirely on the route you choose. The table below sets out realistic 2026 ranges.

Adoption itself is never "bought" in South Africa. The fees you pay to a private agency are for the professional social work, screening, and court preparation, not for the child.

How Long Does Adoption Take?

Most domestic adoptions take between one and two years from first application to final order. The screening and assessment phase alone can take several months. The biggest variable is matching: if you are open to a wider range of ages, backgrounds, or a child with special needs, the wait is usually shorter. Inter-country adoptions generally take longer because two countries' authorities are involved.

Adoption and the Child's Birth Certificate

Once the Children's Court grants the adoption order and it is recorded in the Adoptions Register, the Department of Home Affairs re-registers the child's birth. A new birth certificate is issued showing the adoptive parents and, in most cases, the child's new surname. If the original birth was never registered, you may first need to deal with a late registration of birth before the adoption particulars can be captured.

You can then apply for the child's unabridged birth certificate, which reflects the adoptive parents' details. The child's date of birth does not change, so the first six digits of any future South African ID number stay the same, but the registered surname and parentage are updated. When the child later applies for a Smart ID, the process is the standard South African ID application using the re-registered records. For an overview of all the related Home Affairs services, see our Home Affairs online services guide.

Adoption vs Foster Care vs Guardianship

These three arrangements are often confused, but they are legally very different:

• Adoption is permanent. It transfers full parental rights and changes the child's legal identity and birth record.
• Foster care is temporary. The foster parent cares for the child, usually with a state grant, but does not become the legal parent, and the placement is reviewed by the court.
• Guardianship grants specific decision-making powers (for example over schooling, travel, or finances) without the full permanence of adoption.

Many adoptions begin as foster placements that later convert to a foster-parent adoption under Section 231.

Frequently Asked Questions

Can single people adopt in South Africa?

Yes. An unmarried, single, divorced, or widowed person may adopt, provided they are assessed as a fit and proper person and are able to meet the child's needs. Marital status alone does not disqualify you.

Can same-sex couples adopt?

Yes. Partners in a permanent domestic life-partnership, including same-sex couples, may apply to adopt jointly under Section 231 of the Children's Act.

Does an adopted child get a new ID number?

The child's date of birth does not change, so the first six digits of the ID number remain the same. Home Affairs re-registers the birth and issues an amended birth certificate showing the adoptive parents and new surname, which is then used for all future identity documents.

How much does it cost to adopt through the state?

State adoptions handled directly by Department of Social Development social workers are free. Private agency adoptions charge professional fees, typically between R12,000 and R35,000 or more.

Do I need the biological parents' consent?

In most cases yes, under Section 233. There are exceptions, for example where a parent is deceased, cannot be traced, has abandoned the child, or has been declared unfit. Consent that is given can be withdrawn within 60 days.

How long does adoption take in South Africa?

Most domestic adoptions take one to two years from application to final court order. Screening takes several months, and the matching stage is the biggest variable.

The Bottom Line

Adoption in South Africa is a structured, child-centred legal process under the Children's Act 38 of 2005. It must go through an accredited adoption social worker or agency, be finalised by a Children's Court, and end with Home Affairs re-registering the child's birth. Once that birth certificate is issued, you can verify and use the child's identity records exactly as you would for any other South African child. If you want to confirm an ID number is valid at any stage, our free South African ID checker gives you an instant structural check.

Authoritative sources: Department of Social Development, the Children's Act 38 of 2005, and the Department of Home Affairs.