Unravelling the legal knots around inter-country adoptions in de Gree v webb

Abstract

With reference to the case of De Gree v Webb 2007 SCA 87 (RSA) and developments in the field of international and South African child law, this contribution examines some challenges posed to the judiciary in particular with regard to inter-country adoptions and the application of the best interests of the child principle in this context. In traversing the area of inter-country adoption law against the background of provisions from related international treaties, the author alludes to some key aspects that may require attention in South Africa in years to come. Pending the promulgation of regulations in terms of the Children’s Act the author furthermore comments on the role that co-operative governance and implementation of the 2006 Guidelines for Inter-Country Adoption may play.