Children's Act Flashcards
Section 7 of the Children’s Act (Factors to Consider)
1) Nature of the relationship between the child and the parents or any other caregiver.
2) The attitude of the parents towards the child and the exercise of parental responsibilities in respect of the child.
3) The capacity of the parents, or any other caregiver, to provide for the needs of the child, including emotional and intellectual needs.
4) The likely effect on the child of any change in the child’s circumstances.
5) The child’s age, maturity, and stage of development.
6) Which action or decision would avoid or minimize further legal or administrative proceedings in relation to the child.
18(2) of Children’s Act: Defines parental rights and responsibilities as:
1) To care for the child.
2) To maintain contact with the child.
3) To act as guardian of the child.
4) To contribute to the maintenance of the child
Section 18(3) Children’s Act – Co-exercise of Guardianship
1) Consent to child’s marriage.
2) Consent to child’s adoption.
3) Consent to child’s departure or removal from the Republic.
4) Consent to child’s application for a passport.
5) Consent to the alienation or encumbrance of any
immovable property of the minor.
Section 19 of the Children’s Act – Mother
1) Other than in the case of surrogacy, the woman who gave birth to the child will be regarded as the legal mother of the child and assume full parental rights and responsibilities.
2) If the mother is a minor and unmarried, she is not competent as a guardian. In such cases the mother’s guardian becomes the guardian until the mother gets married or reaches the age of majority, whichever occurs first.
3) The mother of the child will have care of and contact to
her child, even though she is a minor.
4) The guardian of the mother, will acquire guardianship
only if the father of the child does not already have
guardianship in respect of the child.
Sections 20 and 21 of the Children’s Act – Father
1) If married to the birth-giving mother, the husband of the mother will be presumed to be the legal father of the child and assume full parental responsibilities and rights in respect of the child.
2) Alternatively, if married to the birth-giving mother:
2.1) At the time of the child’s conception; or
2.2) At the time of the child’s birth; or
2.3) Any time between the child’s conception and birth.
Section 22 of Children’s Act
1) The Children’s Act has now created the possibility of conferring parental responsibilities and rights on a person by agreement.
2) The mother of a child or any other person who has parental responsibilities and rights in respect of a child, may enter into an agreement to confer parental responsibilities and rights on another person.
3) Parental responsibilities and rights may by agreement be conferred on the biological father of the child or “any
other person having an interest in the care, well-being and development of the child.”
Section 23
Regulates the assignment of contact and/or care.
Section 24
1) The assignment of guardianship.
2) Only the High Court can consider an application for Guardianship
Section 31 Children’s Act – Major Decisions Involving Child
1) A decision that relates to a matter requiring the consent of all guardians.
2) A decision affecting contact between the child and a co-holder of parental rights and responsibilities.
3) A decision regarding the assignment of guardianship or care to another person after the death of a parent.
Section 35: Refusal to allow exercise of parental rights and responsibilities
An offence can only be committed in contravention of a court order or agreement which has become effective.
Section 40 – Status of Artificially Conceived Children
1) Even if a woman gives birth to a child to whom she is not genetically related because the child was artificially conceived with donor gametes, she will still be regarded as the legal mother of the child.
2) The spouse of the mother will be regarded as the other legal parent of the artificially conceived child, provided
the mother and the spouses had consented to the artificial fertilization
