- A father approached the High Court in Johannesburg, hoping to end the biological mother’s parental rights so that he and his wife could adopt the child.
- The court heard that the child had spent years living with the father’s family and was doing well in their care.
- Judge Stuart Wilson decided to suspend the mother’s parental rights, allowing her the chance to ask for them back before the adoption goes through.
A father who had cared for a young girl for nearly three years asked the High Court in Johannesburg to end the biological mother’s parental rights, so he and his wife could formally adopt the child.
Judge SDJ Wilson chose instead to suspend the mother’s parental rights and responsibilities. He said the child’s best interests called for stability, but the order would allow the mother to seek restoration of her rights before the adoption was finalised. The judgment was delivered on 18 September 2026.
Child found stability with father’s family
The court was told the child was not brought up by either biological parent from birth. She lived first with her maternal aunt, then with another family member. When those arrangements fell apart, she eventually moved in permanently with her father and his wife.
Since that time, the father’s home has been the only stable place the child has known. Judge Wilson said, “I am satisfied that the father should be awarded the parental rights he claims, and that it is in the child’s best interests to remain in his care.”
Judge questioned the original application
Although no one opposed the application, the judge would not rule on the initial documents because they did not clearly explain the mother’s perspective. He wrote, “The case proffered in support of the application by the applicant, in his founding affidavit, was threadbare.”
Judge Wilson appointed Advocates Irene de Vos and Khanya Dumbuza as curatrices ad litem to look into the child’s situation and report back with their independent view of what would best serve the child’s interests. Their report confirmed the child was happy, settled, and being well cared for by the father and his family.
Mother agreed to relinquish her rights
The curatrices spoke with the mother, who had recently been released from prison, and found that she had put careful thought into her decision to give up her parental rights.
The judgment notes the mother was “content to relinquish her parental rights” after realistically weighing her ability to provide the care and stability her daughter needed.
However, the curatrices warned against making this decision final, since the mother might want to reconnect with her child once she rebuilt her life.
Suspension offered the best balance
Judge Wilson turned down suggestions for more investigation and a shared parenting plan, concluding that neither would help the child.
Instead, he decided that suspending the mother’s parental rights was the best way to balance giving the child stability with leaving the door open for the mother to change her mind.
He said the order would give the mother “the time and the opportunity” to decide, once she was more stable, if she truly wanted a permanent separation from her daughter.
The order
The High Court ordered that the mother’s parental rights and responsibilities be suspended until the child is either adopted by the father and his wife, or a future court order restores her rights.
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