Pregnant at university: SCA rules against social workers, allowing two mothers to keep adoptions secret from families
The Supreme Court of Appeal found that social workers unlawfully interfered in two adoption processes, violating the mothers’ privacy and dignity rights. It ruled that both children should remain with their adoptive families.
The Supreme Court of Appeal (SCA) has dismissed an appeal against social workers' interference in two adoption cases in South Africa. The SCA held that the actions of social workers involved in the cases were unlawful and unconstitutional. The dispute involved two university student mothers who had chosen to keep their pregnancies and adoptions private from their families.
The social workers intervened, insisting that the biological fathers be traced and potential caregivers informed, even though the mothers had already consented to the adoptions. This led to delays in the adoption process, with the Children's Court finding that adoption by the families with whom the children had been placed was in their best interests.
The adoption recommendations were then challenged, but the SCA upheld the finalised adoptions in May 2023 and August 2023, rejecting allegations of improper influence. The court ruled that the department had unlawfully conflated adoption procedures with child protection proceedings.
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