Although a child's right to parental care and family life is constitutionally entrenched,
many South African children are deprived of this right. Transcultural adoption could
serve their need but historically this has been prohibited or discouraged by racist
policies. Whether this is in keeping with the now non-racial South African society is
questionable. In adoption the best interests of the child is paramount and in
determining this, courts should balance children's constitutional rights to their culture
of origin against their constitutional rights to non-discrimination.
After considering arguments for and against transcultural adoption and the position in
the United States and the United Kingdom, the writer suggests that further
interdisciplinary research into the question is necessary in South Africa; inter-country
adoption should be considered and law reform and governmental policy should facilitate these. / Private Law / LL. M. (Law)
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:uir.unisa.ac.za:10500/16540 |
| Date | 11 1900 |
| Creators | Church, Jacqueline |
| Contributors | Pretorius, D. |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Dissertation |
| Format | 1 online resource (43 leaves) |
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