Talbot v Cleverly and another (2003) 1 All SA 640 (W)

Main Issue: Adoption

Findings: The Court concurred that the natural father had received no notice of his child's adoption proceedings though his whereabouts was known to respondents. This has denied him his right to be informed the adoption proceedings and to grant or withhold consent. However, turning to consider the best interest of the child, rescission of the order would mean that the adoption proceedings would have to be heard de novo with no likelihood of achieving a different result. Appellant had not also argued that the rescission of the order would be of any benefit child or indicated that he wished to adopt the child himself. Accordingly, the court held that rescission would not be in the best interest of the child.

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