South Africa Human Rights Organization Investigating Adoption Agencies and Social Development Department UPDATED

“The Times can today reveal that complaints by families and adoption organisations in South Africa, the US, Europe and elsewhere have led to the inquiry.

A well-placed source within the commission revealed that several South African adoption agencies and the Social Development Department were being investigated .

Human Rights Commission spokesman Isaac Mangena said the commission was investigating allegations of discrimination by adoption agencies in Gauteng, Western Cape and KwaZulu-Natal.

“The complaints received are that the criteria used by South African agencies are discriminatory and contravene the constitution and the Children’s Act.”

The Social Development Department – whose spokesman, Lumka Oliphant, failed to respond to questions put to her by The Times – is the only entity that can accredit South African adoption agencies to undertake South African and foreign adoptions.

The commission told the department and the adoption agencies about the allegations against them three weeks ago.

The department is accused of accrediting adoption agencies even though its aware of their discriminatory policies.

According to the 2011 census, 3.3million South African children are orphans – more than half of them because of HIV/Aids.

The National Adoption Coalition estimates that there are between 1.5million and 2million children who would benefit from adoption.

Only one in 500, however, is adopted.

A report last year by parliament’s portfolio committee on social development revealed a decrease in adoptions.

The report said: “In 2010-2011, there were 2236 nationally registered adoptions compared to 1426 in 2011-2012. There were 200 registered inter-country adoptions in 2010-2011, compared to 194 in 2011-2012.

“This is despite the department reporting that it achieved a 65% increase, which is a percentage against the annual baseline target of 2500.”

Prospective adoptive parents from overseas allege that most agencies overseeing inter-country adoptions discriminate against homosexuals, non-Christians and single individuals.

South Africa has 10 countries with which it has adoption agreements, and seven agencies that oversee such adoptions.

ABBA Adoption Agency – which is being investigated by the commission and which facilitates adoptions with at least seven countries – was in November required to change its policy when the Social Development Department’s Central Authority found it had discriminatory criteria.

The authority’s adoption norms and standards do not allow discrimination in respect of race, gender, language, religion, disability or financial means .

A copy of ABBA’s new policy was submitted to the authority.

It reads: “Until recently, South African adoption organisations could set their own policies and criteria . as long as they did not conflict with the law or directly infringe on anybody’s constitutional rights.

“We can therefore not have discriminatory blanket policies that exclude any prospective applicants purely based on one of the above-mentioned factors.”

Two western European couples, who have been trying to adopt in South Africa for over three years, have slammed ABBA. They claim their sexual orientation and religion have delayed the process.

One of them, a homosexual couple who have been married for 10 years,want to adopt a pair of siblings.

ABBA is the only South African agency approved by the department to facilitate the adoption of South African orphans by residents of the home country of the two couples.

ABBA requires prospective parents to be:

Christian (proved by a letter from a church);
Heterosexual (mixed-sex couples); and
Married for at least five years.

“Adoptive parents are in a very vulnerable position … they depend on the organisation involved on whether they will be allowed to start a family,” one of the couples said.

South African-born entrepreneur Michelle Delport, who now lives in The Netherlands, is heartbroken and frustrated by her six-year adoption struggle.

Though willing to adopt three children she will, in two years, be too old to qualify. The cut-off age for inter-country adoptions is 46.

“On many occasions it was made clear that my single and non-Christian status put me at the end of the list.”

ABBA Adoptions executive head Katinka Pieterse refused to comment on the allegations.

“The process needs to be followed … it might make more sense to report on it after all the facts have been explored and presented,” she said.

Childline’s Joan van Niekerk said: “Adoptive agencies are required to act within the law and protect all parties.””

Adoption Outcry

[Times Media 9/9/13 by Poppy Louw]

According to a South Africa government website , “Almost 80% of South Africa’s population follows the Christian faith. Other major religious groups are the Hindus, Muslims, Jews and Buddhists. A minority of South Africa’s population do not belong to any of the major religions, but regard themselves as traditionalists of no specific religious affiliation. ”

The Children’s Act, 2005, “allows adoption by spouses and by “partners in a permanent domestic life-partnership” regardless of orientation.”

REFORM Puzzle Piece

 

Update: DOS issues an alert on October 30, 2014. See here:”New South African Immigration Law May Affect U.S. Adoptive Families

On May 26, 2014, a new law governing immigration and travel procedures, the Immigration Amendment Act (Act), entered into force in South Africa. For information about how the new law may affect your travel, please carefully review the Department of State’s webpage regarding travelling to South Africa. While the majority of the new law’s requirements went into effect on May 26, 2014, the Government of South Africa announced on September 16, 2014 that the immigration requirements specific to minors – originally set to go into effect on October 1, 2014 – are postponed until June 2015. The Government of South Africa is reviewing the impact of the new requirements on minors. While this review is ongoing, we strongly encourage you to stay apprised of the latest developments by visiting the South African Department of Home Affairs’ website or by contacting the nearest South African Embassy or Consulate. The requirements below reflect the May 26, 2014 version of the law and are therefore subject to change. The Department of State will relay new or revised information as appropriate.
Potential Impact on Adoptive Families Travelling to, from, or through South Africa:
All children travelling to, from, or through South Africa must travel on a valid passport.
All children entering or departing South Africa also will be required to travel with his/her original, unabridged, long-form birth certificate in hand. The exact contents of unabridged birth certificates vary among the different jurisdictions that issue birth certificates (countries, states, counties, cities, etc.), but the key distinction between an “abridged” and “unabridged” birth certificate is that an unabridged birth certificate identifies the parents of the child.
If an adoptive child from South Africa has an existing, unabridged birth certificate that displays his/her name and his/her birth parents’ names, adoptive parents must also travel with a copy of the adoption decree, which demonstrates their legal relationship to the child. Adoptive parents should be aware that requests for a new, unabridged birth certificate may take the South African Department of Home Affairs several months to complete. More information on other documents that may be required, in addition to the birth certificate, is available on the Department of State’s webpage on travelling to South Africa.
Adoptive parents who are U.S. citizens are not required to apply for a visa in advance to visit South Africa, for stays up to three months. They may receive a visitor’s visa upon arrival at a port of entry in South Africa. However, travelers who intend to visit South Africa for more than three months must apply for a visa in advance at the South African Embassy or Consulate in the country where they ordinarily reside or where they hold citizenship. More details on application requirements are available on the Department of State’s webpage on travelling to South Africa and the South African Embassy to the United States’ website.
Adoptive parents who overstay their visa by up to 30 days may be declared “undesirable” by South African authorities and barred from entering South Africa for a period of 12 months. Travelers who overstay for more than 30 days may be declared undesirable for a period of five years.
Please direct questions related to this notice or a specific adoption from South Africa to the Department of State, Office of Children’s Issues. You may reach us by phone at 1-888-407-4747 if you are calling from within the United States, or at 202-501-4444 if you are calling from outside the United States. You may email us at AdoptionUSCA@state.gov.”

DOS issues another notice on April 29,2015.See here:

“Update Regarding Possible New South African Requirement Affecting Adopted Children