The child has the right to spend Mother’s Day and Father’s Day with the respective parent and visitations rights for fathers in South Africa also allow the father to spend some time with the child on the father’s birthday and on the child’s birthday if the child would like this. CCL attorney Carina du Toit said in court papers the application was on behalf of two specific children as well as all other children affected by the present interpretation of the Act. Mkhize says UK minister’s claims on Covid-19 variant ‘incorrect’, Africa Before signing consent each person must have counselling from an Adoption Accredited Social Worker with regard to what consent entails and the implications thereof. Guardianship on the other hand is the right to administer the child’s property, to assist the child in administration, contractual or other legal matters, and to consent to a child’s marriage, adoption and departure from South Africa, application for a passport, or … According to the Mbalo Brief by Stats SA, most South African children are raised in single-parent families. “It is undesirable to have laws that are vague, unclear or contradictory, particularly when they affect children,” she said. An appointment will then be made at the Children’s Court that is in their area and they will sign the consent before the Presiding Officer. Formalities of Marriage in South Africa Same-Sex Relationships Unmarried Parents and Children Parental Rights and Responsibilities Care and Contact (Custody) of Children Divorce In South Africa Divorce Process in South Africa Division of Assets in Divorce Divorce and Retirement Funds Rule 43 and Interim Maintenance Divorce a Missing Spouse In your divorce, the judge will determine what is in the best interest of the child and base his custody and visitation decisions on that factor. The. With the implementation of the Children’s Act (2005)5 South African law moved from a narrow focus on biological parents to the concept of ‘parental responsibilities and rights’. This Act is seen as the next step in what has been over a decade of initiatives by the Department of Justice to strengthen the South African maintenance system and to put into place remedies to deal with those who fail to comply with their duty of maintenance. The Children’s Act 2005 brought South Africa’s child care and protection law into line with the Bill of Rights and international law. New Covid-19 variants: What we know so far, in 500 words, Health Health department suspends screening at Beitbridge, Covid-19 This is a formal agreement that becomes a court order. This is only. If a parent re-marries in community of property, his/her proportionate contribution to the child’s maintenance will come out of the joint estate. These are persons who voluntarily pro… With thanks for input from Marlise Viljoen (Adopticare) and Katinka Pieterse (Supervisor: Adopticare; Director: Abba Adoptions), Elke Day is an accredited adoption social worker with ADOPTICARE. The application may be done earlier in the process at some courts. Once the adoption is finalised, the child may take the step-parent’s surname and the step-parent will have full rights and responsibilities towards the child as if the child were born to him or her. The parties involved can for example agree that the biological parent giving up his/her parental rights is allowed to phone the child on his/her birthday or visit the child under supervision once a year. These are obligations owed by certain persons towards a child, including, caring for the child, maintaining contact, acting as a guardian and providing maintenance (s 18).5 The Children’s Act5 also recognises the role played by persons who have no parental rights and responsibilities in respect of a child. The second part of the adoption process is to establish whether the person adopting is “fit and proper” to do so. The formal enquiry takes place before a magistrate in a maintenance court, which essentially performs the functions of a civil court except that the Magistrate is given far greater rights to descend into the arena and to play an inquisitorial role. GRANDPARENTS’ RIGHTS UNDER THE NEW LAW. It is possible to have a Post Adoption Agreement put in place where a contract regarding communication or visitation and provision of certain information may be made. The CCL contended the failure to include a child being adopted by his or her step-parent or domestic life partner in the list of children who were adoptable breached the child’s constitutional right to family or parental care and to have their best interests considered paramount. South African Law does not make specific provision for Grandparent rights over their Grandchildren. Private social workers are a good option but there is currently no binding regulation of fees in private practice, so the best would be to ask for a breakdown of their rates at the beginning so that you can make an informed choice. Single motherhood in South Africa is a huge problem because it puts a severe psychological and financial strain on both mothers and children. © 2021 All4Women.co.za All rights reserved. Subscribe to our Free Daily All4Women Newsletter to enter. She said the centre had received numerous telephone calls and e-mails over recent months from parents, step-parents and practitioners who had been turned away by the Children’s Court when seeking to apply for a step-parent adoption. The choice of social worker to assist in the adoption is important because the social worker will take you through the process and ensure that the legal process has been followed correctly. In the alternative, the centre sought an order declaring these sections of the Children’s Act unconstitutional and invalid. The new Children’s Act 38 of 2005 Law does however provide for third parties who have an interest in the care, wellbeing, or development of a child to apply either to the High Court or the Children’s Court (as the case maybe) for an Order for Care, Contact or Guardianship over minor children. If due process is not followed, the adoption can be challenged in court. SIGN OUT. googletag.cmd = googletag.cmd || ; Covid-19 There is actually not a big difference in the process between step-parent adoption and regular adoption. Situations vary, so the best option is to discuss your circumstances openly with the social worker assisting with the adoption. “(They) have all effectively been barred from accessing courts as almost all … have relayed stories where the courts refused to allow applicants to submit an application for adoption by a step-parent or refused to enrol the matter for hearing,” she said. SIGN IN Somizi has words for Cele’s 9PM bedtime – “We are not your children”, Of course – 2020 ends with a hippo in Jo’burg, Exhaustion, anxiety, weird smells – We explore the common and bizarre Covid-19 after effects, Facebook erupts following racist lockdown post referring to ‘monkeys’. There is a common misconception that if the biological parent has not contributed towards financial maintenance of the child, his/her consent is not required. 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