The Mercury

Push for removal of adoption fees as ‘it’s not business but child protection’

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THE National Department of Social Developmen­t said fees should not be charged for adoption as it is not a business but a child protection measure.

Social Developmen­t spokespers­on, Lumka Oliphant said: “There are 23 civil society organisati­ons that form part of the National Child Care and Protection Forum (NCCPF), including the National Adoption Coalition of South Africa.

“The Adoption Fee Clause amendment provides that adoption is a designated child protection service as stipulated in Section 105 (5) of the Act.”

Oliphant said the state was already taking financial responsibi­lity for all designated child protection services, which must include adoption services. There is no reason why adoption services should be isolated and receive special focus, she said.

The department said although there was much public interest in the removal of the Adoption Fee Clause, as proposed in the Children’s Act Amendment, it must be noted it began consulting on the changes in 2016.

“Provincial consultati­ons were conducted during August and September 2018. The consolidat­ed inputs into the bill were gazetted from October 29 until November 29, 2018.”

The gazetted bill was further discussed and consulted on during the NCCPF held from November 20-22, 2018, where the removal of adoption fees was discussed at length.”

Oliphant stressed that the department’s view was that adoption should not be commodifie­d. The primary objective should be to protect the best interests of children by placing them permanentl­y with suitable families.

“This is supported by Section 229 of the Act, which provides for adoption as being, to protect and nurture children by providing a safe, healthy environmen­t with positive support.”

Oliphant said allowing fees to be charged compromise­d the children, and families who had a genuine interest but could not afford the fees and also led to other challenges including family reunificat­ion and foster care, not being given due considerat­ion.

However Katinka Pieterse, chairperso­n of the National Adoption Coalition of SA (NACSA) said in a statement yesterday that it appeared that the department was trying to hastily push through the amendments.

“Despite the radical change of direction that the proposed fees amendment introduces, DSD did not consult or make an effort to meaningful­ly engage with the broader adoption community as to what the massive implicatio­ns would be.”

She said the amendment making it illegal for anyone to receive fees in respect of an adoption would have a massive impact.

“There is a wide range of different types of adoptions and in certain instances a need for specialist adoption social worker service providers and allied profession­als, which may include lawyers, psychologi­sts and medical practition­ers.

“This proposed amendment will prohibit those service providers from charging their fees, and in doing so it will not serve the interest of the children. It is in fact highly impractica­l as there will be a restrictio­n on accessing these services which the court may need in making a decision.”

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