The best interests of the child are paramount in every matter concerning the
child. This applies in the case of adoption of a child as well. When an adoption is
intercultural, culture is an issue to be taken into account. This study is undertaken
to consider the role that culture should play in a decision whether an adoption is
in the best interests of the child. In order to determine whether intercultural
adoption is a viable option that serves the best interests of the child, interracial
adoption also needs to be focused on, as intercultural adoption is often also
interracial. The research for this thesis is done from a South African legal
perspective, although some interdisciplinary and international research is
necessary as well.
A brief historical overview of adoption in South Africa is undertaken, as it is
important to have some background knowledge about adoption in South Africa in
order to understand why race and culture are relevant in the South African
adoptive system. The role of the family in the life of the child is investigated. The
difference between family care, parental care and alternative care is researched.
Thereafter the role of emotional bonding for a child, also known as attachment, is
focused on. An important question is whether race and culture is the same thing.
This is researched, whereafter the role of race and culture in the adoption
process is investigated. The relevant provisions of the Child Care Act 74 of 1983,which regulates adoption in South Africa, are compared to the relevant provisions
of the Children’s Act 38 of 2005, which will regulate adoption in South Africa
soon. Finally, some conclusions are drawn, shortcomings are highlighted and
possible solutions are suggested.
The outcome of this thesis should provide some guidance to those involved in the
adoption process with regard to the factors that are important in determining the
best interests of the child in an intercultural adoption. / Law / LL.D.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:uir.unisa.ac.za:10500/2881 |
| Date | 05 1900 |
| Creators | Ferreira, Sandra |
| Contributors | Heaton, J. |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
| Format | 1 online resource (xi, 517 p.) |
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