Law of persons : Assignment topic

When a South African children's court considers a statutory adoption application, it has to take into account all relevant factors, including the cultural background of the child, the childs parent and the prospective adoptive parent, and it may make an adoption order only if the adoption is in the best interests of the child. Because of our cultural heterogeneity, the authorities are often faced with an intercultural adoption. In such a case, the child's constitutional right to culture and the child's constitutional right to family care or parental care, or to appropriate alternative care when removed from the family environment, may be in conflict. In terms of our Constitution, a child's best interests are of paramount importance in every matter concerning the child. In fact, every attempt should be made to ensure that an adopted child has contact with and exposure to his/her biological culture, but may the best interests of the child be served through an intercultural adoption ? With reference to the law on adoption and cases on removing a child from a familiar environment for adoption and especially the principle of subsidiarity, write an essay on how a court would consider whether a childs right to culture should be considered more important than the right to family, parental or appropriate alternative care. Length: Maximum 2500 words.