A very long engagement : the Children's Act 38 of 2005 and the 1993 Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption

The 1993 Hague Convention on the Protection of Children and Co-operation in respect of Intercountry Adoption (hereafter "the Convention") is the most comprehensive international document regulating intercountry adoptions. Following Fitzpatrick1 and acknowledging the insufficient protection afforded to children involved in intercountry adoptions, in 2003 the South African government ratified the Convention. Various efforts have been made by the government to comply with the standards of the Convention,2 the most significant being its incorporation in the national law through chapter 16 of the Children's Act 38 of 2005 (hereafter "the CA"). Unfortunately, chapter 16 of the CA is not yet in force and the higher standards of the Convention are still not operational for South African children. However, the future application is certain and therefore an analysis of its provisions on intercountry adoption, together with its weaknesses and strengths, is useful.