BEGINNING OF LEGAL PERSONALITY
BIRTH LIVED VIABLITY
Legal personality starts @ birth if the following
Requirements are met….
1. Fully completed birth ( child and mother are completed
separated. Umbilical cord does not have to be Still born, prem,
separated! deformed or ill child
2. Life, child must have lived even if for a short period. that dies CANNOT
1. Criminal Procedure Act states= breathe BUT obtain legal personality
supporting medical evidence will be required to BECAUSE
prove. THERE WAS NO
VIABLITY= child is at a stage of development whereby he/ VIABLITY!
she can live independently from its mom.
NOTE: viability must occur before a child is given legal
personality. HOWEVER it is NOT A REQUIREMENT
HOW TO REGISTER A BIRTH……..
BIRTH & DEATH REGISTRATION ACT 51 OF 1992
REGISTRATION OF BITHS
Director- General of Home
Affairs must be notified within
30 days of birth
Duty rests on parents to notify,
if not able to they can appoint • Anyone may change
someone on their behalf surname- through
an application to
Child must have a forename & General Director of
surname. NO funny names JJ
Cool
Homes Affairs.
• If child surname has
changed- birth
register must change
to reflect such.
BIRTH LIVED VIABLITY
Legal personality starts @ birth if the following
Requirements are met….
1. Fully completed birth ( child and mother are completed
separated. Umbilical cord does not have to be Still born, prem,
separated! deformed or ill child
2. Life, child must have lived even if for a short period. that dies CANNOT
1. Criminal Procedure Act states= breathe BUT obtain legal personality
supporting medical evidence will be required to BECAUSE
prove. THERE WAS NO
VIABLITY= child is at a stage of development whereby he/ VIABLITY!
she can live independently from its mom.
NOTE: viability must occur before a child is given legal
personality. HOWEVER it is NOT A REQUIREMENT
HOW TO REGISTER A BIRTH……..
BIRTH & DEATH REGISTRATION ACT 51 OF 1992
REGISTRATION OF BITHS
Director- General of Home
Affairs must be notified within
30 days of birth
Duty rests on parents to notify,
if not able to they can appoint • Anyone may change
someone on their behalf surname- through
an application to
Child must have a forename & General Director of
surname. NO funny names JJ
Cool
Homes Affairs.
• If child surname has
changed- birth
register must change
to reflect such.
