Documentary analysis of the legal and policy framework of transracial adoption in South Africa

Abstract

Transracial adoption was legalized in South Africa through legislative reform as South Africa moved into a post-apartheid era of non-racialism. Transracial adoption offers one option of placement for Black children in need of alternative care. However, adoption continues to face obstacles to implementation, including cultural obstacles which impact on placement of Black African children. This paper reports on adoption statistics on national adoption in the period 2013–2021 and a documentary analysis of the current legal and policy framework governing transracial adoption. We cover international instruments, local laws, including the Children's Act of 2005, and relevant policy documents designed to facilitate the implementation of adoption. We show that the law is supportive of transracial adoption, but that policy documents offer a somewhat contradictory stance to the practice. The lack of success of transracial adoption as a child protection strategy does not lie within the legal framework but may lie in the difficulties in interpreting and implementing the range of different policies by those implementing these policies. More research into the implementation practice of these bureaucrats is required to understand the underutilization of transracial adoption as a placement option for Black children in South Africa.