Adoption Cases

Fraser v Children’s Court, Pretoria North, and others 1997 (2) SA 261 (CC)

Main Issue: Adoption or discrimination on the basis of marital status and gender or constitutionality of S 18(4)(d) of the Child Care Act 74 of 1983 provides that a children’s court to which application for an order of adoption is made shall not grant the application unless it is satisfied that consent to the adoption has been given by both parents of the child, or, if the child is illegitimate, by the mother of the child only.

Pennello v Pennello and another (2004) 1 All SA 32 (SCA)

Main Issue: Abduction or defenses in article 13(B) of the Hague Convention that requested State not bound to order return of child if existence of grave risk of physical or psychological harm, or that child would otherwise be placed in an intolerable situation.

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