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….
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….
