Conception and Artificial Fertilization

Play an AI-generated podcast conversation about this lesson

What is the definition of the law of parent and child?

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.

What does the law of parent and child study?

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

What constitutional protection is given to children?

Children have the same rights as adults under the Bill of Rights, specifically protected under Section 28.

What is the distinction between automatic and assigned acquisition of parental responsibilities and rights?

The distinction is based on whether or not the best interest standard is applied before the allocation/acquisition takes place. Signup and view all the answers

Who can automatically acquire parental responsibilities and rights in respect of a child?

Biological parents of the child. Signup and view all the answers

Under what circumstances can a biological father automatically acquire parental responsibilities and rights?

If he lived with the mother in a permanent lifepartnership and satisfies certain requirements outlined in Section 21 of the Children's Act. Signup and view all the answers

What is the process for resolving disputes regarding a father's parental responsibilities and rights?

The matter must be referred for mediation to a 'family advocate, social worker, social service professional or other suitably qualified persons'. If unsatisfied with the outcome of mediation, the parent can refer it to a court for review. Signup and view all the answers

Define the concept of 'care' in relation to a child.

Care, in relation to a child, includes providing a suitable place to live, conducive living conditions, necessary financial support, safeguarding the child's well-being, protecting the child from harm, respecting their rights, guiding their education and upbringing, maintaining a sound relationship, accommodating special needs, and ensuring their best interests are prioritized. Signup and view all the answers

What is the common law defense of reasonable chastisement?

The common law defense of reasonable chastisement allows parents to discipline their child as long as the punishment is moderate and reasonable. Signup and view all the answers

What does 'contact' mean in relation to a child?

'Contact', in relation to a child, means maintaining a personal relationship with the child through regular communication in person or through other means such as post, telephone, or electronic communication. Signup and view all the answers

What are the responsibilities of guardians?

Guardians must administer and safeguard the child's property, assist or represent the child in legal matters, and give or refuse consent required by law for the child. Signup and view all the answers

List three major decisions involving a child that require the consent of all guardians.

childs marriage, childs adoption, childs departure or removal from the republic Signup and view all the answers

What factors should be considered when making a decision involving a child?

Age, maturity, and stage of development Signup and view all the answers

What is a parenting plan?

An agreement to help persons who already hold parental responsibilities and rights (PR&R) to exercise them Signup and view all the answers

What are the consequences of refusing to allow the exercise of parental responsibilities and rights?

It is considered an offense and the guilty person may be liable to a fine or imprisonment not exceeding 1 year. Signup and view all the answers

What are the factors considered when determining parental responsibilities in the Children's Act?

The factors considered when determining parental responsibilities in the Children's Act are the nature of the relationship between the child and the parents or any other caregiver, the attitude of the parents towards the child and the exercise of parental responsibilities, the capacity of the parents or any other caregiver to provide for the needs of the child, the likely effect on the child of any change in their circumstances, the child's age, maturity, and stage of development, and which action or decision would avoid or minimize further legal administrative proceedings in relation to the child. Signup and view all the answers

What is the legal relationship between parent and child governed by?

The legal relationship between parent and child is governed by the Children's Act 38 of 2005. Signup and view all the answers

What is the new terminology used in the Children's Act?

The new terminology used in the Children's Act is 'parental responsibilities and rights' which includes caring for the child, maintaining contact with the child, acting as a guardian for the child, and contributing to the child's maintenance. Signup and view all the answers

What are the components of full or specific parental rights and responsibilities?

The components of full or specific parental rights and responsibilities are: caring for the child, maintaining contact with the child, acting as a guardian for the child, and contributing to the child's maintenance. Signup and view all the answers

What does Section 40 of The Law of Parent and Child violate?

Section 40 violated their right to dignity and equality as well as the dignity and equality of the parties to a lifelong permanent partnership. Signup and view all the answers

What are the exceptions to Section 40(3) of The Law of Parent and Child?

A donor may acquire responsibilities and rights if the donor (of the egg) was the women who gave birth to the child. If the donor was the husband of such a women at the time of the artificial fertilization. Signup and view all the answers

How can parental responsibilities and rights be assigned according to the Children's Act?

Parental responsibilities and rights can be assigned by means of a parental responsibility and rights agreement in terms of a court order, or by assignment of a court order. Signup and view all the answers

What does Section 23 of the Children's Act regulate?

S23 regulates the assignment of contact and/or care. Signup and view all the answers

What are the basic rights of every child according to the Law of Parent and Child?

(a) to a name and a nationality from birth; (b) to family care or parental care, or to appropriate alternative care when removed from the family environment; (c) to basic nutrition, shelter, basic health care services and social services; (d) to be protected from maltreatment, neglect, abuse or degradation; (e) to be protected from exploitative labour practices; (f) not to be required or permitted to perform work or provide services that are inappropriate for a person of that child’s age or place at risk the child’s well-being, education, physical or mental health or spiritual, moral or social development; (g) not to be detained except as a measure of last resort, in which case, the child may be detained only for the shortest appropriate period of time, and has the right to be kept separately from detained persons over the age of 18 years and treated in a manner, and kept in conditions, that take account of the child’s age; (h) to have a legal practitioner assigned to the child by the state, and at state expense, in civil proceedings affecting the child, if substantial injustice would otherwise result; and (i) not to be used directly in armed conflict, and to be protected in times of armed conflict. Signup and view all the answers

What is the definition of 'child' according to the Law of Parent and Child?

A person under the age of 18 years. Signup and view all the answers

What is the importance of a child's best interests according to the Law of Parent and Child?

A child's best interests are of paramount importance in every matter concerning the child. Signup and view all the answers

What factors must be taken into consideration when applying the best interests of the child standard?

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 care-giver or person to provide for the needs of the child, including emotional and intellectual needs; the likely effect on the child of any change in the child's circumstances, including separation from the parents or any other care-giver or person with whom the child has been living; the practical difficulty and expense of a child having contact with the parents or any specific parent and whether that difficulty or expense will substantially affect the child's right to maintain personal relations and direct contact with the parents or any specific parent on a regular basis; the need for the child to remain in the care of his or her parent, family and extended family, and to maintain a connection with his or her family, extended family, culture or tradition; the child's age, maturity and stage of development, gender, background; the child's physical and emotional security and his or her intellectual, emotional, social and cultural development; any disability or chronic illness the child may have; and any other relevant characteristics of the child. Signup and view all the answers