Conception and Artificial Fertilization

The law of parent and child is a subdivision of family law that regulates the private law relationship between children and their parents, guardians, or other caregivers.

The law of parent and child studies the ways parents or substitutes acquire parental rights and responsibilities, how they should be exercised, and how they come to an end in accordance with the constitution.

Children have the same rights as adults in the Bill of Rights, and specifically, children are protected under Section 28 of the constitution.

<p>The four components are: 1. To care for the child, 2. To maintain contact with the child, 3. To act as guardian of the child, 4. To contribute maintenance of the child.</p> Signup and view all the answers

<p>Parental power refers to the right and duty to act as the guardian of the child, make day-to-day decisions regarding the child, and maintain contact with the child.</p> Signup and view all the answers

<p>The Children's Act 38 of 2005 is now the most important source of law in relation to the legal relationship between parent and child.</p> Signup and view all the answers

<p>The two types are full parental rights and responsibilities, which include the four components mentioned above, and specific parental rights and responsibilities, which may be limited to certain aspects.</p> Signup and view all the answers

<p>Section 40 violates the rights of artificially conceived children to family and/or parental care, as well as the dignity and equality of the parties to a lifelong permanent partnership.</p> Signup and view all the answers

<p>A donor can acquire parental responsibilities and rights if they were the women who gave birth to the child or if they were the husband of such a women at the time of the artificial fertilization.</p> Signup and view all the answers

<p>Parental responsibilities and rights can be assigned through a parental responsibility and rights agreement in terms of a court order or by means of a court order.</p> Signup and view all the answers

<p>The co-existence of parental responsibilities and rights allows for more than one person or parent to hold PR&amp;R for the same child.</p> Signup and view all the answers

<p>The consent of all guardians must be obtained for matters such as the child's marriage, adoption, departure or removal from the republic, application for a passport, and alienation or encumbrance of any immovable property of the minor.</p> Signup and view all the answers

<p>When making major decisions involving a child, factors such as the child's age, maturity, and stage of development should be considered.</p> Signup and view all the answers

<p>'Due consideration' means that the decision-making party must take into account the views and wishes expressed by the co-holder, but they are not obligated to give effect to them.</p> Signup and view all the answers

<p>Refusing to allow another person to exercise their parental responsibilities and rights, in contravention of a court order or PR&amp;R agreement, is considered an offense. The person who refuses and the person who prevents the exercise of PR&amp;R can be liable for a fine or imprisonment not exceeding 1 year.</p> Signup and view all the answers

<p>Automatic acquisition refers to when parents of a child acquire parental responsibilities and rights at birth without any investigation into the best interest of the child. Assigned acquisition occurs when parental responsibilities and rights are assigned to individuals such as uncles or grandparents, but only if it is deemed to be in the best interest of the child.</p> Signup and view all the answers

<p>Biological parents, specifically the mother and the father (if married to the birth-giving mother or if certain requirements are satisfied) can automatically acquire parental responsibilities and rights in respect of a child.</p> Signup and view all the answers

<p>A biological father can automatically acquire parental responsibilities and rights if he lived with the mother in a permanent life partnership at the time of the child's birth and if he satisfies certain requirements, including being identified as the biological father, contributing or attempting to contribute to the child's upbringing, and contributing or attempting to contribute towards the child's maintenance expenses for a reasonable period of time.</p> Signup and view all the answers

<p>Disputes regarding a father's parental responsibilities and rights must be referred for mediation to a family advocate, social worker, social service professional, or other suitably qualified persons. If the mediation is unsatisfactory, the parent can refer the outcome of the mediation to a court for a review.</p> Signup and view all the answers

<p>Within available means, providing a suitable place to live, living conditions conducive to the child's health and well-being, necessary financial support, safeguarding and promoting the child's well-being, protecting the child from harm or hazards, respecting and promoting the child's rights, guiding and securing the child's education and upbringing, guiding the child's behavior, maintaining a sound relationship with the child, accommodating any special needs of the child, ensuring the best interests of the child is paramount in all matters.</p> Signup and view all the answers

<p>The common law defense of reasonable chastisement allows parents to discipline their child moderately and reasonably. However, it has been held unconstitutional and no longer applies in our law.</p> Signup and view all the answers

<p>Maintaining a personal relationship with the child, including communication on a regular basis either in person or through any other manner, such as post, telephone, or electronic communication.</p> Signup and view all the answers

<p>Administering and safeguarding the child's property and property interests, assisting or representing the child in legal matters, giving or refusing any consent required by law in respect of the child.</p> Signup and view all the answers

<p>Every child has the right to a name and a nationality from birth, family care or parental care, basic nutrition, shelter, basic health care services and social services, protection from maltreatment, neglect, abuse or degradation, protection from exploitative labor practices, not to be required or permitted to perform work or provide services that are inappropriate for their age or place their well-being at risk, not to be detained except as a measure of last resort with specific conditions, to have a legal practitioner assigned by the state in civil proceedings affecting the child, and not to be used directly in armed conflict and to be protected in times of armed conflict.</p> Signup and view all the answers

<p>A person under the age of 18 years.</p> Signup and view all the answers

<p>The best interest standard is of paramount importance in every matter concerning the child, as stated in section 28(2) of the Law of Parent and Child.</p> Signup and view all the answers

<p>The factors that must be taken into consideration include the nature of the personal relationship between the child and the parents or any specific parent, the attitude of the parents or any specific parent towards the child and the exercise of parental responsibilities and rights, the capacity of the parents or any specific parent or any other caregiver or person to provide for the needs of the child, the likely effect on the child of any change in their circumstances, the practical difficulty and expense of a child having contact with the parents or any specific parent, the need for the child to remain in the care of their parent, family, and extended family, the child's age, maturity, and stage of development, gender, background, physical and emotional security, and intellectual, emotional, social, and cultural development, any disability or chronic illness the child may have, and any other relevant characteristics of the child.</p> Signup and view all the answers