How to find a divorce lawyer in Cape Town, South Africa

Adopted children and divorce

A lot of couples cannot have a child, and adopt one. Once a couple adopts a child the child is considered to have the same legal rights as a biological child would.

Many people think that adoptive parents are more likely to divorce. This is however far from the truth. Before couples are allowed to adopt a child they are examined thoroughly by the relevant agency. The agency would ask them questions relating to how stable their marriage is. Should the agency believe that there is a chance that the marriage may end in divorce, the agency will definitely not allow the adoption. The agency places the interest of the child who is going to be adopted before the interests of the parents who wish to adopt.

The couple who wish to adopt have no doubt experienced fertility problems, and the mere fact that they have survived this is an indication that their marriage should be strong. However any marriage, just like a business partnership, can no doubt unfortunately come to an end.

In a divorce situation an adopted child is dealt with in the same way as a biological child. The care and contact and maintenance arrangements will therefore be the same as if the child was biologically yours. After divorce you are still free to adopt again. Your marital history is not looked at by any agency in determining whether you should be allowed to adopt again. The only requirement is that you would be a good parent to any adopted child.

I have had a few clients who have children who they have never seen before, and the mother of the child claims maintenance from them. Some of my clients have had a child conceived on a “one night stand”, and they suggested adoption to the mother of the child. In a situation like this where a father does not wish to play any role in the child’s life, it may be better to put the child up for adoption.

It is a simple fact that divorce rates are much higher among couples who do not have children. The more children that you have, the less likely you are to divorce. Very often parties get divorced when their children are older, and it is not extremely frequent that couples get divorced when they are very young. From this perspective I would have no objection to a couple adopting a child, as it may even save a marriage.

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