PVL 1501 ASSIGNMENT 1 2021

Law of Persons (PVL1501): Assignment 1 Unique Number: Due date: 26 August 2020 Question 1 a) They wish to register their son as “Jonathan Baloyi-Khumalo”. May they do so? Explain with reference to authority. Section 10(1)(a-b) of The Births and Deaths Registration Act provides that in the case of a child who is born of parents who are not married to each other and are also not each other‟s civil union partners at the time of the child‟s conception or birth or at any intervening time, the birth is registered under the surname of the child‟s mother unless the child‟s parents jointly request that the father‟s surname be used. The Births and Deaths Registration Act does not make provision for the child‟s birth to be registered under a double-barrel surname consisting of both parents‟ surnames so they may not do so. Authority Section 10(1)(a-b) of The Births and Deaths Registration Act Heaton p10 b) They wish to register their son as “Jonathan Khumalo”. May they do so? Provide reasons for your answer. Yes they may do so. Section 10(1)(b) of The Births and Deaths Registration Act provides that „if the child‟s birth is to be registered under his or her father‟s surname, the father must acknowledge paternity in writing in the presence of the person to whom the notice of birth is given and enter his particulars on the notice of birth‟. A father who wants to acknowledge paternity and enter his particulars after the child‟s birth has been registered may do so with the consent of the child‟s mother. If the mother withholds consent, the father may apply to the High Court for a declaratory order confirming his paternity and dispensing with the mother‟s consent. c) Would your answer to (b) have been different if Daniel had raped Tryphinah when Jonathan was conceived? Provide a reason for your answer. Yes, it would have been different. The father of a child who was conceived as a result of rape may not have the child‟s birth registration amended to identify him as the father unless it is in the best interest of the child to do so. Question 2 This study source was downloaded by f