Same-sex Marriages and Adoption or Artificial Fertilisation

South Africa introduced the Civil Union Act in 2006, which legalised same-sex marriages but what happens in terms of parental responsibilities when only one parent can be the legal mother or father of the child? Section 40 of the Children’s Act only deals with opposite-sex partners being the mother and father of the child, married […]

Children’s Status and Their Right to Inherit

Within the framework of South Africa’s law of succession, constitutional values such as equality and non-discrimination have elevated children’s rights to inherit significantly. Our legal position currently has impacted both the status and inheritance rights of extramarital children, children conceived through artificial insemination, children born of surrogacy, and adopted children. The Children’s Act 38 of […]

Rights of a foreign parent with a child as a citizen of South Africa

Are you a foreign parent with a spousal residency permit, and have a child who is a citizen of South Africa? What are your rights after the breakdown of your relationship with your spouse, the basis upon which your permit was granted? In terms of the Immigration Act 13 of 2002 (“the Act”), a spouse […]

Why should I pay maintenance if I am not allowed to see my child?

Upon the birth of a child, both parents automatically have a duty to support that child. The fact that the child is born to married or unmarried parents is irrelevant. The duty is apportioned between the parents according to their respective means. S 15(1) of the Maintenance Act states that a court order for the […]

The new changes proposed to the Children’s Act

When it comes to protecting the rights of children, South Africa is considered to be one of the forerunners in legal progress and development. At the end of August 2020, The Children’s Amendment Bill (the Bill) was proposed, which aims to strengthen the child protection system beyond its current scope in The Children’s Act 38 of 2005. Below follow a few […]

Is it truly in the best interest of the child?

Section 28(2) of the Constitution of the Republic of South Africa, 1996 (“the Constitution”) states that a child’s best interests are of paramount importance in every matter concerning a child. Courts are thus mandated by the Constitution, which is the highest law in the land, to always give effect to what would be best for […]