Minister of Welfare and Population Development v Fitzpatrick and Others 2000 (3) SA 422 (CC)

Main issue: It involves Adoption or a challenge posed as to whether section 18(4)(1) ) of the Child Care Act 74 of 1983 is constitutional where it proscribes the adoption of South African children by non-South Africans

Findings: Constitutionality of section 18(4)(f) of the Child Care Act 74 of 1983 proscribing the adoption of South African born children by persons who were not South African citizens or who were eligible to become naturalized but had not yet applied for naturalization. Goldstone J for a unanimous Court confirmed the High Court’s ruling that the provision violated the rights of the child. It was held that, not only does the Act offended against certain of the fundamental rights in the Constitution of South Africa but also infringes upon inter-country adoptions, as provided for in article 21 of the UN Convention on the Rights of the UN Convention of the Rights of a child.