Kwa-Zulu Natal, South Africa


My husband & I separated 26 May 2012.
I am suing for Divorce.
My Husband has since left S.A. permanantly

The issue is my husband adopted my daughter from my previous marriage. We followed all the correct legal chanels and the order of adoption was granted.

The biological father of my daughter wants to resume relationship with my daughter who will be 17 on 30 Nov.

My husband is totally opposed to this. In November 2011 the Paternal Father had his lawyers submit to us his intention to have my daughter live with him and cover all her costs. When my husband & I turned down the biological father's offer, he then contacted local SAPS and the Department of social Welfare and my daughter's school to have us investigated for abuse. Having failed to substantiate the allergation, he has since engaged his lawyers to appeal / apply to High Court & Family Court for access.

My question is: What rights does the Paternal / Biological father have to a child born in wedlock to the Maternal / Biological mother, but who signed consent for Adoption, and said adoption was ordered by a court of law?

With me suing my husband for divorce, what is the precedent regarding: Maintenance, visitation, guardianship, rights of who the child is allowed to speak to and visit with etc (she wants to have a relationship with her Biological Father)

What would be the process, should my husband deny my daughter a relationship with her Bio, and then she wants to have the adoption annulled? Turned over? Revoked? What Age?