J v Commissioner of Child Welfare (1996) 2 All SA 259 (W)

Main Issue: Adoption/request to withdraw consent to set aside an adoption order

Findings: Applicant forwarded a lot of arguments to withdraw the consent she gave for the adoption of her child. Her main arguments were that the respondent acted grossly unreasonably in failing to make further enquiry about the adoptive parents and that the respondent had failed to take into account the best interest of the child. The Court held that the respondent had relied on the social worker's reports and had no reason to doubt that the applicant had consented to the adoption and that the adoptive parents were suitable. It also held that there was overwhelming evidence before the Court that the adoption is in the best interest of the child which applicant failed to attack and dismissed the application.

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