Government Notice No. 10 of 2014

Childrens Act (38/2005) » Court Order

Title	Childrens Act (38/2005) » Court Order
Department	Social Development
Gazette	National Gazettes, No. 37222 of 17 January, 2014, 1 page(s), 283Kb

40  No. 37222               GOVERNMENT GAZETTE, 17 JANUARY 2014

DEPARTMENT OF SOCIAL DEVELOPMENT
                             DEPARTEMENT VAN MAATSKAPLIKE ONTWIKKELING
          No. 10                                                                            17 January 2014

COURT ORDER

In the matter between the Centre for Child Law (Applicant) and the Minister of Social
                Development, the Gauteng division of the High Court, Pretoria issued an order and

declared on 29 October 2013 that:

1. Section 230(3) of the Children's Act 38 of 2005 does not preclude a child from being

adopted in instances where the child has a guardian and the person seeking to
                   adopt the child is the spouse or permanent domestic life-partner of that guardian.
                2.  Section 242 of the Children's Act 38 of 2005 does not automatically terminate all

parental responsibilities and rights of the guardian of a child when an adoption order
                   is granted in favour of the spouse or permanent domestic life-partner of that

guardian, having regard to the discretion which section 242 affords the court to order
                   otherwise.

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Government Notice No. 10 of 2014

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