ABSTRACT
The adoption of children in woman-to-woman customary marriages is under-researched in South Africa. This chapter uses empirical research conducted with the Lobedu and Pedi tribes of Limpopo as case studies examining children’s rights to care, dignity, inheritance and succession under customary law. It explores how the intricate relationships of woman-to-woman customary marriages impact on the rights of children born of such marriages. Furthermore, it assesses how living customary law promotes and protects the well-being of children in the broader context of its interaction with the Children’s Act. Finally, it argues that there are gaps in how the Children’s Act provides for the adoption of children under customary law, as well as practical difficulties regarding woman-to-woman marriages.
