Children's Act, 2005 (Act No. 38 of 2005)Chapter 15 : Adoption235. Freeing orders |
| (1) | The court, on application by the Department, a provincial department of social development, a child protection organisation accredited in terms of section 251 to provide adoption services or an adoption social worker may issue an order freeing a parent or person whose consent to the adoption of the child is required in terms of section 233 from parental responsibilities and rights in respect of the child pending the adoption of the child. |
| (2) | The parent or person whose consent to the adoption of the child is required in terms of section 233 must support an application for a freeing order. |
| (3) | A freeing order must authorise a child protection organisation accredited in terms of section 251 to provide adoption services or a person to exercise parental responsibilities and rights in respect of the child pending the adoption of the child. |
| (4) | A freeing order lapses if— |
| (a) | the child has not been adopted within a period of 12 months and there is no reasonable prospects that the child will be adopted; |
| (b) | the order is terminated by the court on the ground that it is no longer in the best interests of the child; or |
| (c) | the child, parent or person who consented to the adoption withdraws such consent in terms of section 233(8). |
| (5) | A freeing order relieves a parent or person from the duty to contribute to the maintenance of the child pending the adoption, unless the court orders otherwise. |