Illegal immigrants are unable to legally place their children in the formal child protection system in SA, and face deportation should they try.
Relinquishing one's parental rights so that a child can be adopted, can only be done without a legal guardian’s consent from the age of 18 years, making this option inaccessible to teenage mothers (a child of any age can request an abortion in SA sending mixed messages about adoption).
Anonymous child abandonment has been criminalised, with mothers facing a range of charges such as concealment of birth and attempted murder.
Baby safes are considered illegal in terms of the Children's Act, however, these are being opened up more frequently given the increase in abandonment.
Child protection experts voiced concerns that the Act is being used as a tool to prevent adoption rather than to facilitate it by both the Courts and the Department of Social Development.