Adoption Cases
Du Toit and another v Minister of Welfare and Population Development and others 2003 (2) SA 198 (CC)
Main issue: Adoption or the right of same sex partners to adopt a child jointly and if such denial could be inconsistent with the Constitution.
Fraser v Children’s Court, Pretoria North, and others 1997 (2) SA 261 (CC)
Main Issue: Adoption or discrimination on the basis of marital status and gender or constitutionality of S 18(4)(d) of the Child Care Act 74 of 1983 provides that a children’s court to which application for an order of adoption is made shall not grant the application unless it is satisfied that consent to the adoption has been given by both parents of the child, or, if the child is illegitimate, by the mother of the child only.
Kirsh v Kirsh (1999) 2 All SA 193 (C)
Main Issue: Abduction and the application of the Hague Conventions in particular from the view point of the best interest of the child.
Minister of Welfare and Population Development v Fitzpatrick and Others 2000 (3) SA 422 (CC)
Main issue: It involves Adoption or a challenge posed as to whether section 18(4)(1) ) of the Child Care Act 74 of 1983 is constitutional where it proscribes the adoption of South African children by non-South Africans
Naude & another v Fraser (1998) 3 All SA 239 (A)
Main Issue: Adoption or whether the anonymity of adoptive parents could be compromised or not and whether an illegitimate father can intervene in the case.
Pennello v Pennello and another (2004) 1 All SA 32 (SCA)
Main Issue: Abduction or defenses in article 13(B) of the Hague Convention that requested State not bound to order return of child if existence of grave risk of physical or psychological harm, or that child would otherwise be placed in an intolerable situation.
Smith v Smith 2001 (3) SA 845 (SCA)
Main Issue: Return of child/abduction/ and the application of the Hague Convention
Sonderup v Tondelli and Another 2001 (1) SA 1171 (CC)
Main Issue: Abduction or applicability of the Hague Convention and whether child should be returned to British Columbia/ if provision of Convention is in conflict with article 28 of Constitution.
Walter-Rovetto v Rovetto; In re Rovetto v Walter-Rovetto (2004) JOL 12418 (T)
Main Issue: Return of child/abduction and related
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