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 how parents or substitutes acquire parental rights and responsibilities, how they should be exercised, and how they come to an end.

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

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

Biological parents of the child.

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

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.

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.

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

'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.

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.

childs marriage, childs adoption, childs departure or removal from the republic

Age, maturity, and stage of development

An agreement to help persons who already hold parental responsibilities and rights (PR&R) to exercise them

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

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.

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

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.

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.

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

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.

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.

S23 regulates the assignment of contact and/or care.

(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.

A person under the age of 18 years.

A child's best interests are of paramount importance in every matter concerning the child.

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.