Summary of chapter status of children born to married or unmarried parents in Law of persons PVL1501
the summary is made simple, and easy to read, with reference to the required case law studies in the adjoining text book.
status of children born to married or unmarried parents
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University of South Africa (Unisa)
PVL1501 - Law of Persons (PVL1501)
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STATUS & CHANGE OF STATUS OF CHILDREN BORN OF
MARRIED & UNMARRIED PARENTS
Children's Act repeals & replaces the Children's Status Act & Natural
Fathers of Children born out of Wedlock Act
The Act is a general concept of parental rights & responsibilities the
components of this are:
1. CARE:
• suitable place to live, suitable to his/ her health, well-being & development , give financial
support within means
• safeguarding & promoting child's wellbeing
• Protecting from maltreatment, abuse, neglect, degradation, discrimination, exploitation and
any other physical/ moral harm
• Respect, promote, protect, guard and secure the fulfillment of child's constitutional rights.
• Guide child's education & upbringing, decisions & behavior.
• Everything is done to child's best interest as this is paramount.
2. CONTACT:
• Maintaining personal relationship with child
• Communicating with him/ her on regular basis when he/ she lives with other parent.
3. GUARDIANSHIP
• Administration and safeguarding of child's property/ property interest
• Assisting in representing child in administrative, contractual and other legal matters
• Giving consent/ refusal where legally required
• Consent would include:
• Childs marriage
• Adoption
• departure./ removal from country
• Application for passport
• Alienation/ encumbrance of immovable property
, Parental rights & responsibilities in respect of
the child Relationship btw child and his/ her UNMARRIED PARENTS
PARENTAL RIGHTS & RESPONSIBILTIES OF UNMARRIED MOTHER
S (19) of Children's Act says…
Every mom other than a surrogate acquires FULL parental rights & responsibilities over a child.
MOTHER AS A MINOR
• If mom a minor & unmarried she cant be guardian of child.
• BUT Guardianship will still vest in mom
• Care of child will need to be handed over (unless court directs otherwise).
• If minor has acquired status of major she will keep both care & guardianship of child,
unless court directs otherwise.
• @ age of majority the mother will become child's guardian.
MOTHER AS A MAJOR
• Mom is over age of majority
• Child is born to unmarried parents
• Mom marries man who isn't child's father
• Mom will therefore remain guardian of child.
GUARDIAN
• Person who isn't child guardian but acts as a guardian and in child's best interest
• Court can ratify actions as if acts were performed in child's best interests.
REGISTRATION OF NAME
• Child born to unmarried parents is registered under moms surname.
• Father can consent to child carrying his surname
• If mother withholds consent father can apply to High court (declaratory order)
• Which will confirm paternity & dispense of mothers required consent.
FOR ALL MOTHERS
THE RULES SIT IN….
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