De Gree v Webb

A newborn child, Ruth Joy Webb, was found abandoned shortly after birth in Roodepoort in November 2004. She was placed by the children’s court in foster care with David and Caroline Webb, American citizens resident in South Africa who run a home for abandoned babies. The appellants, Althea and Django de Gree, also American citizens, developed a bond with Ruth and sought to adopt her. Instead of applying for adoption in the children’s court, they applied to the High Court for sole custody and guardianship, coupled with permission to remove Ruth from South Africa to the United States for purposes of adoption there. The High Court dismissed the application, holding that adoption fell within the exclusive jurisdiction of the children’s court. The appellants appealed to the Supreme Court of Appeal.

The appeal was dismissed. The High Court’s refusal to grant custody and guardianship and permission to remove the child from South Africa was confirmed.

The case is a leading authority on inter-country adoption in South African law. It affirms the exclusive jurisdiction of the children’s court in adoption matters, rejects the use of High Court custody and guardianship orders to circumvent adoption law, and firmly incorporates international law principles—especially subsidiarity—into the best-interests analysis. It clarified the distinction between adoption and custody/guardianship and influenced later interpretation of the Children’s Act framework for inter-country adoption.