As 2018 drew to a close, the war of attrition over South African adoption took an ugly turn. In an unambiguous act of aggression, the government added a last-minute amendment to the Children’s Act making any payment for national or intercountry adoptions illegal. This includes professional fees for social workers, psychologists and attorneys, donations and even the recouping of expenses. The amendment’s stated goal is to make adoptions more accessible. But will it, or will it make adoption the sole domain of overburdened, inexperienced Department of Social Development social workers, and result in an end to adoptions in South Africa? Traditionally, making and amending laws is a painstakingly slow and careful process, so it isn’t a good sign when lawmakers add a last-minute amendment to an act, especially not after five months of intensive consultation with interested parties. It smacks of an ambush, more so when it involves something as critical as the fees that can be charged for adoptions, and who can participate in the process. The three amendments were added without consultation just prior to the publishing of the amendments in the Government Gazette in late October, and the adoption community was not told about the additions until the National Child Protection Forum meeting in late November 2018, just a week before the end of the public consultation process. Although they seem innocuous on paper, if passed, the amendments would make it illegal for anyone to “give or receive, or agree to give or receive, any consideration, in cash or in kind, for the adoption of a child”. This includes social workers, psychologists, attorneys, therapists, organs of the state and the child protection organisations involved with national or intercountry adoptions. The only exception would be biological mothers, who would still be able to receive compensation for necessary expenses. It would also “prohibit the rendering of professional services in connection with the adoption of a child by a lawyer, psychologist or a member of any other profession”. The stated motivation for these amendments is to make adoptions “more accessible”. It is a very sympathetic argument which is compelling for many people. But the question is, will making the payment for adoptions illegal make adoptions more accessible? And even more pertinent, is increased accessibility even necessary? The answer is complex. While it is true that adoptions aren’t currently accessible to all, it is not for the reasons stated by the Department of Social Development. The department has long contended that adoptions are elite and exorbitantly expensive. But extensive studies have shown no evidence to support these claims. Adoptions fees are carefully regulated by social development itself, and while the average cost of adoption, between R12,000 and R15,000, is too high for the poor, social workers adjust their fees to the means of the individual. In particular, child protection organisations that receive subsidies for the Department of Social Development are known to provide very inexpensive adoptions, with some parents noting that their adoption cost as little as a few thousand rand. Others were free. The assertion that cost is the main issue preventing accessibility is therefore inaccurate. Instead, adoptions are currently inaccessible to the poor for two main reasons. The first relates to the social workers currently practising adoption. Adoptions are complex, technical and highly regulated. This is essential to protect children but has limited the number of practitioners in the industry. At present, there are 59 adoption social workers in private practice and 93 designated and accredited child protection organisations (DCPOs) mandated to provide professional adoption services nationally. But the number is seen as insufficient to provide adoption services across the country. In addition, while many of the organisations involved with adoption have posts that are subsidised by the government, it has been well documented that the department is notoriously bad at paying subsidies sufficiently and on time. Surviving in the adoption industry is already challenging. Moreover, accessibility has been compromised by an omission in the Children’s Act of 2005. For an inexplicable reason, the original act prohibited Department of Social Development social workers from performing adoptions. This is the chief reason for limited accessibility. Crucially, however, this concern has already been addressed. Once passed, another proposed amendment to the Children’s Act, this one a thoroughly negotiated change, will allow appropriately skilled Department of Social Development social workers to perform adoptions. The industry has welcomed this move and has been mentoring and training department social workers in preparation for the amendment being ratified. According to the National Adoption Coalition, if properly managed, the inclusion of department social workers in the practice of adoption could make adoptions more accessible. But if fees become illegal, it will have the opposite effect. Given the inadequacy and irregularity of subsidies, child protection organisations are reliant on fees to survive, as are private social workers for whom it is a sole source of income. If fees become illegal, most, if not all current social workers will have to stop practicing. In their absence, only the department social workers will be able to complete adoptions (using taxpayer’s money). Department social workers are, however, understandably inexperienced at adoptions. Plus, it is common knowledge that the department is under-resourced and over-worked. It cannot cope with its current load. The likely outcome will be fewer opportunities for adoption, not greater accessibility. And it isn’t just social workers that will be affected. Adoption screening will become impossible for many, because psychologists and medical professionals will no longer be able to charge for providing psychological and medical assessments during screening. In addition, medical professionals and therapists would not be able to assess children prior to declaring them adoptable. Many of these services are already provided free to adoptable children. But the organisations providing these services exist on donations which, if associated with adoption, would also be illegal. Disturbingly, another implication of the amendments is that intercountry adoptions would probably cease. There are no government subsidies for intercountry adoptions and services are currently provided by 10 designated and accredited child protection