Terminology: Law of Parent and Child

Question 1

Child

Answer 1

1) A person under the age of 18 years

Question 2

Parent

Answer 2

Generally refers to the father or mother of a child who has full or limited parental rights and responsibilities over their child

Question 3

Best interest-standard

Answer 3

The standard as set out in section 28(2) of the Constitution. “A child’s best interests are of paramount importance in every matter concerning the child.”

Question 4

Parental responsibilities and rights

Answer 4

1) To care for a child, maintain contact with the child, act as guardian of the
child and to contribute to the maintenance of the child

Question 5

Guardianship

Answer 5

Includes safeguarding the child’s property or property interests; assist or represent the child; provide consent when necessary

Question 5

Care

Answer 5

Providing the child with a place to live,
safeguarding and promoting the child’s
wellbeing, protecting the child; guiding,
advising and assisting; maintaining a sound relationship with the child; accommodating special needs of the child.

Question 6

Contact

Answer 6

To maintain a personal relationship with a child and allowing a person to see, spend time with or communicate with a child

Question 7

Surrogacy

Answer 7

An agreement between parties where a
woman carries and gives birth to a child on behalf of another person or couple