The respondents were British citizen currently residing in South Africa. One of the respondents, Mr. Fitzpatrick, worked for an American corporation and expected to be transferred to America in the future. They wished to adopt a child who had been born to a South African citizen. However, the now repealed Child Care Act absolutely proscribed the adoption of a child born to a South African citizen by a non-South African citizen or by someone who could gain citizenship but had yet to apply for a certificate of naturalisation. The respondents applied for an order of unconstitutionality of the relevant provisions. The respondents were successful in the Court a Quo, where upon the Constitutional Court had to confirm the order of constitutional invalidity.
The court found the impugned sections to be too blunt and ell-embracing to give paramountcy to the best interests of the child. In some cases, such as in the present case, it may well be in the interest of a child to be adopted by non-South African citizen. The order of constitutional invalidity was confirmed with immediate effect.
