Adoption is the legal process through which the existing legal relationship between a child and his or her parents is terminated and a new legal relationship is created between the adoptive parent(s) and the adopted child. In our African context it is mostly done within family circles and within communities and therefore requires no documentation since after the parents of the child die, someone is chosen from amongst the family (relatives) to take care of the child or people from the community can assimilate such child into their own family. There is however, a formal legal process for adopting children. This involves complete strangers adopting or assimilating a child who is not related to them into their homes.
Adoption provides a child with a Constitutionally entrenched form of care and protection that ensures securing stability in a child’s life. All rights and liabilities existing between the child and their parents are terminated; they take the surname of the adoptive parents in substitution of the current one. Adoption of a child therefore is not done lightly, as its implications are serious and far-reaching.
The nature of adoption should make parents ponder on a few things. As your children grow, are you willing to make room for the possibility that they could be adopted after your death? If so, have you selected prime parents for that? If you have adopted children of your own during your lifetime, what provisions have you put in place to cater for your children ad their futures after you? All your children must be taken care of through your planning, including leaving the options open to have your children legally adopted after your demise.
Think this through as you look into the future. #MakeAPlan!
Month: October 2022
ESTATE PLANNING & DIVORCE
Divorce is the legal dissolution of a marriage by the High Court, which has permanent effects on the divorcing parties as well as other family members. Most affected by divorce are the children – who are dealt with as “ancillary issues” during the divorce proceedings. Children are included in the divorce by being catered for through discussions around custody and access rights of the divorcing parents, as a requirement of the Court. Custody reefers to the day-to-day control of the child which is usually enjoyed by the parent that lives with the child, while the non-custodian parent is awarded access rights to the minors. After the Court has issued its order, the parents continue with their lives and oftentimes start new marriages and have other children, creating blended families.
Once life has settled down, divorced parents do not think to the future of HOW their children could potentially be affected by their death/s. No frameworks and plans are in place to cater for the wellbeing of your children after your death, post-divorce. Have you identified people to step in to the gap once this happens? What role, if any, will your new partners in your children’s lives – will they be their custodians and legal guardians? Do you have answers to these questions yet? Have you thought about these before? What are you going to do?
What are your thoughts regarding your children after you die? You need to #MakeAPlan today.
This is for general information purposes only – Consult a Lawyer
Inheritance & Children
A time invariably comes when the conversation about inheritance needs to be had. While some conversations and situations may be hard and uncomfortable, they are necessary and life-changing. Inheritance issues may cause long-term suffering or family rifts if not handled well, or may be smooth sailing if organised in an orderly fashion.
The conversation is better had if you are the one steering it and directing the flow. Whilst you still have the time and the opportunity, consider taking time to sit with your partner and family to discuss how you want inheritance to be handled. Talk about the children – who will get what and how? Will you cater for your spouse’s children too in a blended family setup? Do you have any extra-marital children to prepare for? Are you aware that any legally adopted children are entitled to inheriting from you? Have you secured your children’s futures by electing a responsible guardian or custodian who will not plunder their inheritance? Did you know that even your adult children should be included and will also inherit as a child? All your children will be treated EQUALLY regardless of age, gender, and legitimacy.
Determine the outcome of the matter by staying in control of your wealth, its distribution, as well as the welfare of your children Do it whilst you still can. Think ahead to a time you may not see and #MakeAPlan.
This information is for general purposes only – seek advice from a Lawyer