Podcast
Questions and Answers
What must a father do in the presence of the person to whom the notice of birth is given if he registers an extramarital child under his name?
What must a father do in the presence of the person to whom the notice of birth is given if he registers an extramarital child under his name?
- File a court application for paternity
- Replace the mother's name with his surname
- Wait for the mother to give consent
- Acknowledge paternity and enter his particulars (correct)
What happens if a father wishes to acknowledge paternity after the child's birth has already been registered?
What happens if a father wishes to acknowledge paternity after the child's birth has already been registered?
- He can do so only with the mother's consent (correct)
- He must wait for the child to turn 18
- He cannot claim paternity retroactively
- He needs to inform the social services first
Under what condition can the surname of an extramarital child be changed?
Under what condition can the surname of an extramarital child be changed?
- With the consent of the grandparents
- If the mother agrees before the child turns 10
- With the father's written consent (correct)
- Only through a legal court order
Which of the following statements about double-barreled surnames for extramarital children is true?
Which of the following statements about double-barreled surnames for extramarital children is true?
What is the effect of parents marrying after the registration of an extramarital child?
What is the effect of parents marrying after the registration of an extramarital child?
What is NOT a requirement for the beginning of legal personality?
What is NOT a requirement for the beginning of legal personality?
According to the Criminal Procedure Act, how can it be determined if a child was alive?
According to the Criminal Procedure Act, how can it be determined if a child was alive?
Who is primarily responsible for giving notice of a child's birth?
Who is primarily responsible for giving notice of a child's birth?
What must a legitimate child have according to the Births and Deaths Registration Act?
What must a legitimate child have according to the Births and Deaths Registration Act?
What surname is an extramarital child registered under if parents do not jointly request the father's surname?
What surname is an extramarital child registered under if parents do not jointly request the father's surname?
How long do parents have to notify the Director General of a child's birth?
How long do parents have to notify the Director General of a child's birth?
What is true regarding children born due to artificial fertilization in same-sex partnerships?
What is true regarding children born due to artificial fertilization in same-sex partnerships?
What type of evidence do courts rely on to prove a child's breathing at birth?
What type of evidence do courts rely on to prove a child's breathing at birth?
Flashcards
Legal Personality of a Baby
Legal Personality of a Baby
A baby gains legal rights and responsibilities upon birth.
Birth Conditions (Legal)
Birth Conditions (Legal)
A baby must be entirely separated from the mother and live after the separation for legal personality to apply.
Viability (Legal)
Viability (Legal)
Viability (ability to live independently) is not a requirement for legal personality under South African law.
Proof of Life (Criminal)
Proof of Life (Criminal)
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Legal Requirements for Birth Registration
Legal Requirements for Birth Registration
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Naming of Legitimate Children
Naming of Legitimate Children
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Naming of Extramarital Children
Naming of Extramarital Children
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Artificial Fertilization & Same-Sex Partnerships
Artificial Fertilization & Same-Sex Partnerships
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Extramarital child registration
Extramarital child registration
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Father's acknowledgment process
Father's acknowledgment process
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Post-birth acknowledgement
Post-birth acknowledgement
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Court order for paternity
Court order for paternity
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Surname changes for extramarital children
Surname changes for extramarital children
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Study Notes
Legal Personality Begins at Birth
- Legal personality begins at birth, but a fetus is not a legal subject
- Two requirements for legal personality:
- Full birth completion (separation from the mother)
- Survival after the separation (viability is not a requirement, as it's too vague)
Determining if a Child Was Alive
- Criminal Procedure Act 51 of 1977: If a child has breathed, it was alive (no independent circulation is required)
- Courts rely on medical evidence (e.g., breathing)
Registration of Births
- The Director-General of Home Affairs must be notified of a live birth within 30 days
- Parents have the duty to give notice. If parents cannot, another person with charge of the child should do so
- Anyone can request to change a child's surname
- Changes to the child's surname on the birth register can be made
Legitimate vs. Extramarital Children
- Legitimate children's surnames:
- First name and surname of either parent, or combined surnames
- Extramarital children's surnames:
- Mother's surname unless parents request a different surname (extramarital children)
- If father wants his surname registered, he must acknowledge paternity and submit particulars to the relevant authority
- If mother doesn't consent to father's surname on the birth certificate, he can petition a high court
Artificial Fertilisation and Same-Sex Partnerships
- Children born as a consequence of artificial fertilisation to a same-sex life partner are also considered legitimate
- This matters for official documents
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Description
This quiz explores the concept of legal personality as it begins at birth, the criteria for determining if a child was alive, and the registration of births according to the Criminal Procedure Act 51 of 1977. It also covers the differences between legitimate and extramarital children's surnames. Test your understanding of these important legal principles.
