The answer to question 1(a) is no. Government prioritises the best interests of the child when placing children in foster care and adoption. In the matching and placing of an adoptable child, as required by the Children's Act, Act 38 of 2005, priority is given to prospective adoptive parents of the same race and culture as the child before considering parents from a different race and culture. This is intended to ensure stability and continuity in the child's life and the potential to provide the child with, for example, the privilege of growing up within his own community and to continue with his own home language.
This practice is in line with section 232(3) and 240(1)(a), (2) and (3) of the Children's Act, Act 38 of 2005, which stipulate that an adoption social worker may take the cultural and community diversity of the adoptable child and prospective adoptive parents into consideration during the assessment. The Children's Court may take into account all relevant factors, including the religious and cultural background of the child, the child's parents and the prospective adoptive parents when considering an application for adoption.
The answer to question 1(b) is also no. Persons applying to adopt a child can state preferences with regard to race and culture. The prospective adoptive parent or persons applying to adopt a child are given the opportunity during assessment by the adoption social worker to state their preferences regarding the race, culture, age and gender of the child they would like to adopt. The national Department of Social Development keeps the register of all adoptable children and prospective adoptive parents in South Africa.
With regard to question 2(b), the prospective foster parents are able to state their preferences in applying for foster care. However, section 184 (1) and (2) of the Children's Act prescribe that before a Children's Court places a child in foster care by a court order, the court must consider a report by a designated social worker about the cultural, religious and linguistic background of the child. It further clarifies that a child may be placed in the foster care of a person from a different cultural, religious and linguistic background to that of the child, but only if there is an existing bond between that person and the child, or a suitable and willing person with the similar background is not readily available to provide foster care to the child.