What are my rights as the parent?
CHILDREN’S ACT 38 OF 2005
SECTION 18-21
Parental Responsibilities and Rights
(1) A person may have either full or specific parental responsibilities and rights in respect of a child.
(2) The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right-
(a) to care for the child;
(b) to maintain contact with the child;
(c) to act as guardian of the child; and
(d) to contribute to the maintenance of the child.
(3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must-
(a) administer and safeguard the child’s property and property interests;
(b) assist or represent the child in administrative, contractual and other legal matters; or
(c) give or refuse any consent required by law in respect of the child, including-
(i) consent to the child’s marriage;
(ii) consent to the child’s adoption;
(iii) consent to the child’s departure or removal from the Republic;
(iv) consent to the child’s application for a passport; and
(v) consent to the alienation or encumbrance of any immovable property of the child.
(4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the consent of the other any right or responsibility arising from such guardianship.
(5) Unless a competent court orders otherwise, the consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c) .
Mothers
(1) The biological mother of a child, whether married or unmarried, has full parental
responsibilities and rights in respect of the child.
(2) If-
(a) the biological mother of a child is an unmarried child who does not have guardianship in respect of the child; and
(b) the biological father of the child does not have guardianship in
respect of the child, the guardian of the child’s biological mother is also the guardian of the child.
(3) This section does not apply in respect of a child who is the subject of a surrogacy
agreement.
Biological Fathers
The biological father of a child has full parental responsibilities and rights in respect of
the child-
(a) if he is married to the child’s mother; or
(b) if he was married to the child’s mother at-
(i) the time of the child’s conception;
(ii) the time of the child’s birth; or
(iii) any time between the child’s conception and birth.
Unmarried Fathers
(1) The biological father of a child who does not have parental responsibilities and rights in respect of the child in terms of section 20, acquires full parental responsibilities and rights in respect of the child-
(a) if at the time of the child’s birth he is living with the mother in a permanent life-partnership; or
(b) if he, regardless of whether he has lived or is living with the mother-
(i) consents to be identified or successfully applies in terms of section 26 to be identified as child’s father or pays damages in terms of customary law;
(ii) contributes or has attempted in good faith to contribute to the
child’s upbringing for a reasonable period; and
(iii) contributes or has attempted in good faith to contribute
towards expenses in connection with the maintenance of the
child for a reasonable period.
(2) This section does not affect the duty of a father to contribute towards the
maintenance of the child.
(3) (a) If there is a dispute between the biological father referred to in subsection (1) and the biological mother of a child with regard to the fulfilment by that father of the conditions set out in subsection (1) (a) or (b) , the matter must be referred for mediation to a family advocate, social worker, social service professional or other suitably qualified person.
(b) Any party to the mediation may have the outcome of the mediation reviewed by a court.
(4) This section applies regardless of whether the child was born before or after the commencement of this Act.
For more detailed information please read the following documents thoroughly.
2022 Amendments:
file:///C:/Users/cbite/Downloads/47828%205-1%20Children’sAmendmentAct17of2022.pdf
Children’s Act 38 of 2005
https://www.gov.za/sites/default/files/gcis_document/201409/a38-053.pdf OR
https://www.justice.gov.za/legislation/acts/2005-038%20childrensact.pdf
Children’s Act Explained – Booklet (DSD / UNICEF)
https://www.unicef.org/southafrica/media/1276/file/ZAF-childrens-act-explained-booklet-1-2009.pdf