WHAT IS ABANDONMENT?
Relinquishing interests and claims over one’s offspring in an illegal way, with the intent of never resuming or reasserting guardianship AND leaving a child younger than 12 months in a public or private place with the intent of terminating their care for the child, also referredto as BABY DUMPING.
RISKS OF ABANDONMENT
Emotional and Mental Risks: low self-esteem, difficulty emotionally attaching and trusting other caregivers, guilt, anxiety, clinginess, insomnia, eating disorders and depression
Security/Physical Risks: Death, Vulnerability to Paedophiles, Child Trafficking for the purposes of illegal adoption, child sex trafficking, organ harvesting which comprises of any one or more of the following such as for the purposes of muti, illegal ritual practices, illegal organ transplants.
STATISTICS OF ABANDONMENT IN SOUTH AFRICA
As per article in Daily Maverick 21/10/2020 – By the beginning of June, 26 baby homes reported an intake of 58 abandoned babies over the first two months of lockdown. Media reports for the same time (as well as June and early July) detail 50 abandonments – mostly babies – found in sewerage pipes, the open veld, rubbish dumps, in shallow graves, buckets, streets, outside homes and most tragically, in a dustbin a few meters away from a baby saver. Thirty-two (two-thirds) of these children were found dead.These statistics include an unusually high number of older children, all with heartbreaking stories. https://www.dailymaverick.co.za/opinionista/2020-10-21-the-truth-behind-sas-shocking-child-abandonment-statistics/
The National Adoption Coalition of South Africa estimated that in 2020, out of a total of 83 infants found unsafely abandoned, only 34 were found alive and the other 49 were found dead
As per article in Sowetan 07/06/2022– More than 1 000 children in South Africa have been abandoned by their parents over the past two years. The shocking data was revealed by the Minister of Social Development Lindiwe Zulu in response to a parliamentary question this week.https://sundayworld.co.za/news/shockingly-large-number-of-sa-children-are-abandoned/
The minister said in the period from April 2019 to March 2020, a total of 589 children were reported abandoned, while from April 2020 to March 2021, a total of 435 kids were abandoned.
LEGAL CONSEQUENCES:
Child abandonment is a criminal offence, and a person who abandons a child after birth may be charged and prosecuted. Charges could include crimes such as concealment of birth and attempted murder.
What to do should you find yourself for whatever reason not being able or wanting to keep your child:
LEGAL ADOPTION IS THE ONLY SAFE ALTERNATIVE.
Contact a social worker. They can help with placing the child in foster care or adoption programmes. If that’s not possible, the social worker can also assist with placing the child in a youth care centre.
Whilst there are baby sanctuaries and centres deemed safe like the police stations, churches, child and youth care centres where one can go to and request help, Know that in South Africa it is a criminal offence to just abandon a child.
The Children’s Act 38 of 2005 intends:
- to give effect to certain rights of children as contained in the Constitution;
- to set out principles relating to the care and protection of children;
- to define parental responsibilities and rights;
- to make further provision regarding children’s courts;
- to provide for the issuing of contribution orders;
- to make new provision for the adoption of children;
- to provide for inter-country adoption;
- to give effect to the Hague Convention on Inter-country Adoption;
- to prohibit child abduction and to give effect to the Hague Convention on International Child Abduction;
- to provide for surrogate motherhood;
- to create certain new offences relating to children; and
- to provide for matters connected therewith.
https://www.gov.za/documents/childrens-act
- Non-Discrimination.
- Best interests of the child Children. …
- The right to survival and development. …
- The views of the child.
Extract from an article by The Conversation on 20 July 2020
Baby savers around the world
So what is a baby saver? It is also referred to as a baby safe, baby box and the babyklappen (in Germany). The saver allows a mother or relinquishing person to anonymously and safely leave an infant in a box-like structure built in to a wall. An alarm is triggered when the infant is placed inside and emergency medical teams or first responders are immediately notified. The infant is collected and taken to a place of safety.
Currently there are 35 organisations that have actively introduced baby savers in South Africa. The first was the Door of Hope Children’s Mission, established in 1999 despite the absence of legal backing. To date 240 babies have been saved through this facility.
These organisations provide a space for mothers to safely give up their babies. Babies found after surviving unsafe abandonment are also brought to these organisations. But without legalisation the areas in which these savers are located are not widely publicised. This limits the access desperate mothers have to them and this also impedes the establishment of further savers in South Africa.
Unsafe infant abandonment is not unique to South Africa. Many countries around the world face this harsh reality, but some have developed alternatives. They may do it in different ways but they all aim to safeguard the child’s right to life.
The first legalisation of the use of a baby saver was through the Baby Moses law enacted in Texas in 1999 after a spate of unsafe abandonments state-wide left 33 abandoned infants dead out of a total of 105. This was closely followed by Germany, which implemented the use of the babyklappen in 2000. Between 2001 and 2007, 143 infants were safely relinquished in these safes.
In January 2019, Namibia became the only African country to introduce baby safe haven laws.
The Process of Adoption:
- Orientation session where all the details are explained.
- Complete the application forms and return them to the agency.
- Complete a personal profile and return it to the agency.
- Apply for a police clearance certificate.
- Undergo psychometric testing.
- An interview with a social worker.
Giving a child up for adoption isn’t always easy, the decision requires a lot of thought to ensure that it will be in the best interest of the child. Child protection organisations and the Department of Social Development will provide guidance and support services to assist you throughout the process.
How the process works
In terms of section 233(4) of the Children’s Act 38 of 2005, a person must prove that he or she was counselled by an adoption social worker before signing permission for the adoption.
The presiding officer must explain in private to the parent exactly how and when all parental rights will be transferred to the adoptive parents. Legal guardians must go through this same procedure, this includes the maternal grandparents in the case of a minor birth mother, as well as the child if the child is over the age of 10.
Two different, but equally legal, ways of adoption are possible in terms of the Children’s Act:
- disclosed adoption: where the parties know each other’s identity, for instance, stepfamily or foster parents, or
- non-disclosed adoption: when a child is matched with non-relatives unknown to the parents.
Giving consent
Both the mother and the father must consent to the adoption by a specific person or persons. If the child is 10 years and older, the child must also consent to the adoption. If the child is in foster care, the foster parents must also certify that they don’t wish to adopt the child.
One can give consent in the following way:
- If you’re a parent or guardian of the child, complete Form 61, the parent or guardian must give consent for a child to be adopted.
- If you’re a child that’s 10 years of age or older, complete Form 62, the child must give consent to their adoption.
- One must give consent in writing. In South Africa, the person or persons giving the consent must sign it in the presence of a presiding officer of the children’s court, who shall then attest to the consent.
- The consent should contain the names of the proposed adoptive parents. If it is in the child’s best interest, the children’s court may admit consent by the child’s parents or guardian which doesn’t contain the names or any other particulars of the proposed adoptive parents.
Consent isn’t necessary (this isn’t automatic, as the court needs to make a factual finding) if:
- the child is an orphan and has no guardian or caregiver who is willing and able to adopt the child and the court is provided with certified copies of the child’s parents or guardians death certificate or such other documentation as may be required by the court;
- the parent or guardian is incompetent to give consent due to mental illness;
- the parent or guardian has abandoned the child, or if the whereabouts of that parent or guardian can’t be established, or if the identity of that parent or guardian is unknown;
- the parent or guardian has abused or deliberately neglected the child, or has allowed the child to be abused or deliberately neglected;
- the parent or guardian has consistently failed to fulfil his or her parental responsibilities towards the child during the last 12 months;
- the parent or guardian has been divested by an order of a court of the right to consent to the adoption of the child; or
- the parent or guardian has failed to respond to a notice of the proposed adoption (referred to in section 238 of the Children’s Act 38 of 2005) within 30 days of service of the notice.
Biological parents can withdraw their consent within 60 days of signing the consent form by signing a Form 64.https://www.westerncape.gov.za/service/giving-child-adoption https://adoption.org.za/childrens-act/
THERE IS HELP..!!
CONTACT DEPARTMENT OF SOCIAL DEVELOPMENT: Customer Care Help line: 012 312 7727. Email: info@dsd.gov.za Website: http://www.dsd.gov.za.
PLEASE DO NOT ABANDON YOUR BABY OR CHILD, PROTECT YOURSELF, YOUR BABY OR CHILD BY ASKING FOR HELP INSTEAD…
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