South African Supreme Court rules adoption guidelines unconstitutional

The Supreme Court of Appeal has ruled that the Department of Social Development’s “cultural” adoption guidelines are unlawful and unconstitutional. The court upheld a previous Gauteng High Court decision which found that these guidelines were stigmatizing and caused delays in the adoption process.

Justice Nambitha Dambuza, writing for the five-judge panel, stated that while culture may be a consideration in adoptions, the Children’s Act does not establish a hierarchy for such considerations. The court condemned social workers for “brazen” and “misguided” interference in lawful adoption proceedings, where officials attempted to meddle in cases to place children with biological relatives.

The legal challenge was initiated by the mothers of two infants who sought to have their children adopted privately. In both instances, the biological fathers had no interest in the children, yet department social workers intervened in the process.