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Category: Children (page 1 of 2)

Why should I pay maintenance if I am not allowed to see my child?

November 25, 2021 / / Comments Off on Why should I pay maintenance if I am not allowed to see my child?

Upon the birth of a child, both parents automatically have a duty to support that child. The fact that the child is born to married or unmarried parents is irrelevant. The duty is apportioned between the parents according to their respective means.

S 15(1) of the Maintenance Act states that a court order for the maintenance of a child is directed at the common law duty of a child’s parents to support that child. Since this obligation commences upon the birth of a child, the father, for example, is not relieved of his obligation to pay maintenance if the mother does not seek to enforce it.

It is a common occurrence that parents use the right of access to a child as leverage not to pay maintenance and vice versa. Examples include when a father withholds child maintenance payments to the mother if he is unable to have contact with the child, or when a mother denies the father access to the child if he does not make payments towards the maintenance of that child.

A parent’s right of access to a child and the obligation to maintain the child, are two very distinct issues.

A parent may not withhold payment of maintenance if he or she is not allowed by the other parent to exercise his/her right of access to a child. The flip side of the coin is that a parent may not refuse the other parent access to a child when the latter does not contribute towards the maintenance of that child. This conduct is unlawful. Taking the law into your own hands is prohibited and proper legal procedure must be followed to exercise these rights.

If a parent fails to pay maintenance, the parent with whom the child resides, commonly referred to as the primary carer of the child, can approach the Maintenance Court to make an application for child maintenance. In determining the amount that the parent should contribute, the court will consider the standard of living of the child, the financial needs of the child, the income of the parents, the parent’s financial ability to pay maintenance and/or lack thereof.

In the event that a parent is refused access to a child, he or she can approach the Clerk of the Children’s Court to make an application for a parenting plan in terms of section 33 of the Children’s Act,  setting forth the terms whereby access to a child is granted. The parenting plan is essentially an agreement between the parents regarding the upbringing of the child, including but not limited to, access to the child, maintenance, and education.

The parents may agree and incorporate into the parenting plan the following:

  • The primary carer of the child;
  • Access to the child by the other parent, having due regard to, inter alia, weekends, school holidays, birthdays, special occasions, and transport arrangements;
  • The amount of maintenance payable including or excluding, inter alia, medical expenses, and/or school fees and expenses;
  • Consent and arrangements regarding travel outside the province, outside the country, etc;
  • Procedure to follow when a dispute arises in terms of the agreement.

The parties may opt to make a parenting plan an order of court and a parent who is not abiding by it can be held in contempt of court subject to exhausting all alternative methods of dispute resolution.

As a parent, you have the obligation to maintain your child and the right of access to your child. Although these issues are closely related, they remain two distinct and separate matters with different legal processes. Therefore, it is unlawful for a parent to withhold maintenance of a child when access to that child is refused and vice versa. 

Reference List:

  • Children’s Act 38 of 2005
  • Maintenance Act 99 of 1998
  • School for Legal Training: Attorneys’ Practice Study Guide Gawie Le Roux 2018

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)

Understanding child maintenance and the responsible parties

April 19, 2021 / / Comments Off on Understanding child maintenance and the responsible parties

By operation of law, the liability to maintain someone is based on three factors: firstly, the claimant’s inability to support himself or herself; secondly, his or her relationship to the person from whom he or she claims support; and thirdly, the latter’s ability to provide support.

The common law and the Children’s Act recognise that parents are the primary caregivers of their children by imposing on them a duty of support insofar as they are able to do so. There is a reciprocal duty of support between parents and children.

In terms of the common law, a parent has a legal duty to maintain a child and the deceased estate of a parent also has the legal duty to support the child. Furthermore, the common law recognises that the duty of support of a child will, if both the parents of the child are unable to maintain the child, fall upon the maternal and paternal grandparents of the child if they are able to provide support.

In terms of the common law, however, the duty to support a grandchild is not enforceable against the deceased estate of a grandparent.

In the case Phillipa van Zyl NO v Keith Getz NO, the Supreme Court of Appeal (“the SCA”) was asked to develop the common law by recognizing a duty of support on the part of the deceased estate of a grandparent.

The background to the case considered by the SCA is as follows: Father (F) and mother (M) had a daughter (D) before they were divorced. After the divorce, F left South Africa and went to live in the United States of America. M raised D on her own. D’s paternal grandfather (GF) and grandmother (GM) were both alive at the time of the divorce. GF supported D during his lifetime to the extent that F did not, and M could not. Upon the death of GF, a claim for maintenance was lodged with the executor (E) of the deceased estate of GF, on behalf of D. The claim was rejected by E on the basis that there is no obligation in law on a grandparent’s estate to maintain a grandchild.

The SCA found that the common law, as it currently exists, recognises the special role and responsibility that parents have in raising children, and that the role and responsibilities which attach first to the relationship between parents and their child may only be passed on to other family members where parents are unable to fulfil them.

The SCA ruled against the development of the common law to include a liability on the deceased estate of a grandparent to maintain a grandchild. The SCA held that the development of the common law would be inappropriate, given the effect it may have on the law of succession and other foundational values of the Constitution.

Reference List:

  • Children’s Act 38 of 2005
  • Van Zyl NO v Getz NO (548/19) [2020] ZASCA 84; [2020] 3 All SA 730 (SCA)

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)

The new changes proposed to the Children’s Act

February 22, 2021 / / Comments Off on The new changes proposed to the Children’s Act

When it comes to protecting the rights of children, South Africa is considered to be one of the forerunners in legal progress and development. At the end of August 2020, The Children’s Amendment Bill (the Bill) was proposed, which aims to strengthen the child protection system beyond its current scope in The Children’s Act 38 of 2005.

Below follow a few of the noteworthy changes proposed:

Changes in the scope of children protected

The proposed amendments would protect all children currently located in South Africa, regardless of citizenship, where currently only child-citizens are protected.

Better children’s privacy and protection of information

In the wake of an array of conundrums relating to information and privacy (especially how information is captured and utilised in the technological age), the protection of information and privacy is an evolving worldwide concern and new legislature is regularly being produced to protect people. In the case of the Bill, the protection of privacy and information relating to children is brought into focus.

Changes to the rights of unmarried fathers

Currently, an unmarried father only enjoys full parental responsibilities and rights if he is living with the mother at the time of birth (in a permanent partnership), or if he has made a significant contribution to the child’s upbringing/maintenance while having been identified as the child’s father. The proposed amendments in Section 21 of the Act would change this qualification to award full parental responsibility and rights with regard to the child if the unmarried father was living with the mother at any point between conception and birth as well.

Greater focus on Early Childhood Development

Changes are proposed to include disabled children in the definition of Early Childhood Development (ECD), while also requiring the government to develop a national strategy that will ensure a well-resourced, coordinated, well-managed, and inclusive ECD system. Some other changes related to the implementation of this strategy will affect provincial requirements to prioritise ECD programs and provide the opportunity for more resources to be set aside for ECD initiatives in rural, underserved, or poverty-declared wards.

Greater safeguards for children in need of care and protection

Definitions regarding children who are considered “in need of care and protection” could be updated to include “an unaccompanied migrant child from another country”, a child who “has been sold by a parent caregiver or guardian” or “a victim of trafficking”. The changes further aim to improve the care and provision for abandoned and orphaned children.

Amendments to temporary safe care

The changes proposed in the Bill would mean that a court order must be issued to place a child in temporary safe care for more than 72 hours and that temporary safe care may not exceed 6 months. Children placed into such care will not have to appear before the children’s court if they attempt to flee within 48 hours of being put into such care, as long as their social worker assesses the child and tries to ascertain why the child fled from their place of safety.

Prioritised protection of abducted children

Delays in the judicial process related to the abduction of a child are proposed to be eliminated as far as is possible by ensuring a faster, safe return to home as to minimise trauma and minimise the risk of adverse adaption to a foreign environment.

Health considerations to be made for confirming surrogacy

Changes are proposed to Chapter 19 of the Children’s Act, which would mean that more attention will be paid to the health and age of the parents commissioning the surrogacy as well as that of the surrogate mother, thereby protecting the future welfare of the child.

The changes mentioned above are not exhaustive, with many minor updates also proposed in the Bill (although it largely pertains to the updating of definitions). We are keeping an eye out on the process and should the need arise, our Family Law attorney will be able to assist you in this regard.

References

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)

THE DIFFICULTIES IN RELOCATING A CHILD OF DIVORCED PARENTS

June 19, 2018 / / Comments Off on THE DIFFICULTIES IN RELOCATING A CHILD OF DIVORCED PARENTS

I have divorced my husband and I am now the primary caregiver of our minor child. I received a job offer in another country and I would really like to accept it. My ex-husband and father of my minor child won’t consent to the relocation of our minor child. Will I get permission from the court to relocate?

In the case of relocation disputes where the primary caregiver wants to relocate, there are certain factors the court considers before granting the relocation. These factors are listed in Section 7 of the Children’s Act.

As one can imagine, family law and divorces are difficult topics; especially when minor children are involved. In the event the parties separate, the minor children will need to be in the primary care of one parent and the other parent will have rights and responsibilities in respect of the minor child but does not necessarily have to live with the child.

The issue that arises in situations as outlined above is where the primary care-giver wants to relocate to another country and the other parent won’t give consent (hereafter “the disputing party”). The difficult part of disputes relating to relocation is that there are numerous competing rights. The Children’s Act (“the Act”) regulates and makes provision for those rights.

In order to have a full understanding of the issues that arise here, a breakdown of the various rights should be discussed. Firstly, the right to freedom of movement and association of the primary caregiver may become a problem. Secondly, the rights of the opposing parent to be in contact with the minor child. Lastly, the rights of the minor child are restricted, i.e. the right of the child to maintain personal relations and direct contact with his parents.  The infringement of these rights can, by their very nature, turn into a dispute.

Where the dispute cannot be resolved between the parties through negotiation, the parties would rather opt for mediation than litigation. The reason for choosing the former is because of the nature of the dispute – it is a family matter and there are minor children involved. Litigation is a more strenuous route of dispute resolution, thus not the most suitable given the circumstances.

Where the court is tasked with making a ruling in a relocation dispute, there are certain factors the court considers. Section 7 of the Act sets out a list of these factors.

If the parties are divorced, the court will consider whether there is a court order in existence prohibiting the removal of the child from the court’s jurisdiction. In some case, the parties agree in their settlement agreement to never remove the minor children from the Republic of South Africa.

In the event the court has to consider the right to contact with the minor child, the court looks at the meaning of the word “contact” as used in the Children’s Act. It is important to keep in mind that “contact” does not only mean the physical seeing of each other in flesh, but also communications via laptop and/or cell phone. This form of contact is easier to make use of in our era.

The court will consider the reason for the relocation as a factor in these matters. The reason for this consideration is because the best interest of the child is of utmost importance. If the reason for relocation is, for example, to contribute to the child’s education or safety (something that would be considered positive), the court is likely to be more pleased.

The court will also consider the relationship the child has with the parents. If the opposing parent has a great relationship with the minor child and sees the child every alternate weekend or holiday and will now only be able to email the child- the court will have to consider this and the possible influence the absence of the opposing party would have on the minor child, if relocation is granted.

This will also become clearer when the court considers the choice of the minor to relocate or not.

The court also considers the stability factor. This includes the court considering the life outside the home of the minor. It is important to know whether the child is happy where he/she is, how well the child does at school, whether he/she has family members living nearby and whether he/she visits on a regular basis.

As with the conflicting rights of the parties, the court kept the best interest of the child in mind, whilst considering the abovementioned factors. The court in the AC v KC case also applied the “reasonable person’s test” and the court held that “one must think oneself into the shoes of the proverbial bonus paterfamilias or the reasonable man”. Even though the reasonable person test was used in AC v KC, the best interest of the child is the most important factor.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)

References:

  • Children’s Act 38 of 2005
  • A.C. v K.C. (A 389/08) [2008] ZAGPHC 369
  • Jackson v Jackson (18/2001) [2001] ZASCA 139

SPANKING KIDS NOW ILLEGAL

February 6, 2018 / / Comments Off on SPANKING KIDS NOW ILLEGAL

The South Gauteng High Court ruled that the common law defence of reasonable chastisement is not in line with the Constitution and no longer applies in our law. This means disciplining your child in the form of a spanking is no longer considered legal within South Africa.

How did it come to this?

It has always been considered a crime of assault to hit a child, however, if a parent was charged, they would be able to raise a special defence which said that if the chastisement, or discipline, was reasonable they would not be found guilty.

The special defence of chastisement has been removed by the Court, which was to bring the common law in line with the Constitution. This followed an appeal by a father who had been found guilty of assault because he beat his 13-year-old son. The way in which he beat his son was deemed to exceed the bounds of reasonable chastisement.

The Court said that it wanted to guide and support parents in finding more positive and effective ways of disciplining children. The Minister of Social Development, Bathabilie Dlamini, also agreed that the defence of reasonable chastisement is unconstitutional. The Court said that protecting children was particularly important in the context of the high levels of child abuse and violence that pervade our society.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)

References:

YG v S (A263/2016) [2017] ZAGPJHC 290 (19 October 2017)

“It’s now illegal to spank your child in SA”. https://www.enca.com/south-africa/it-is-now-illegal-to-spank-your-child-in-sa

CHILDREN WITH DISABILITY OR CHRONIC ILLNESS

January 24, 2018 / / Comments Off on CHILDREN WITH DISABILITY OR CHRONIC ILLNESS

The South African Children’s Act ensures the safety of ALL children, including those with disability or chronic illness.

 Many children (and their families) experience a sense of powerlessness in the beginning of dealing with a disability or chronic illness, and often feel very stressed at facing a future filled with unknowns. Every child has the right to health and safety, and in South Africa, the Children’s Act provides for the health and safety of ALL children, including children with disability or chronic illness. It is important that children who are disabled or live with a chronic illness know their rights; they should be informed and protected.

 The law on children with disability

South African law states that due consideration must be given to children with disability:

  • The child must be provided with care and support as and when appropriate.
  • It must be made possible for the child to participate in social and educational activities, recognising their special needs and promoting self-reliance.

The law on children with chronic illness

According to South African law, the following must be evident when it comes to children with chronic illness:

  • The child must be provided with the necessary parental care and support services.
  • The child must be provided with conditions that ensure dignity, promote self-reliance and facilitate participation in the community.

A child with disability or chronic illness has the right not to be subjected to medical, cultural or religious practices that are detrimental to their health or dignity. Parents or guardians should do their best to protect the rights of their children, and also to listen to them and assist them where needed. However, it is important not to safeguard them in such a way as to alienate them from the rest of the world.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)

References:

Children’s Act 38 of 2005. http://www.justice.gov.za/legislation/acts/2005-038%20childrensact.pdf

WHO PAYS FOR THE CHILD AFTER DIVORCE?

December 14, 2017 / / Comments Off on WHO PAYS FOR THE CHILD AFTER DIVORCE?

When couples divorce it’s often the children that feel the brunt of it. Sometimes it’s the other person in the relationship that suffers economically. Hence the reason there’s a legal duty towards maintenance after divorce, which is an obligation to provide for another person.

A child of a divorced couple, for example, may need help with housing, food, education and medical care. Maintenance could also be understood as providing the means for the person to have the necessary essentials. Maintenance duties is based on factors such as blood relationship, adoption, or that two people are/were married to each other.

This duty is also referred to as ‘the duty to maintain’ or ‘the duty to support’. 

Which parent supports the child?

If a couple has decided on getting divorced, then the child has to be supported by both the parents, regardless if they’re living together or whether or not the child was adopted. In some cases, the grandparents are also responsible for the child’s maintenance, even if the parents weren’t married. This usually happens if the parents are unable to support the child.

What if the child is living with one parent?

In scenarios where the child is living with one of the parents, it is still the duty of the other parent to also contribute to the maintenance of the child. Many people in South Africa, especially women, face the reality of an ex-spouse who doesn’t live with the child and doesn’t want to pay maintenance. However, there is no legal way out of a parent contributing to a child’s maintenance, even if one of the parents re-marries.

What if you can’t find your non-paying ex-spouse?

If one of the child’s parents refuses to pay and doesn’t make their whereabouts known, then it is the responsibility of the state to claim maintenance from the unpaying parent. Maintenance investigators will try solve the issue and trace the person who is responsible for maintenance.

When does the maintenance end?

Until a child reaches the age of 18, his/her parents or another person (guardian) will have the parental rights and responsibilities for the child. This includes the maintenance of the child. So both the divorced parents of a child will have to contribute to the caring and maintenance of the child at least until he/she becomes an adult.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)

References:

Anderson, AM. Dodd, A. Roos, MC. 2012. “Everyone’s Guide to South African Law. Third Edition”. Zebra Press.

Justice.gov.za. The Department of Justice and Constitutional Development, Family Law, Maintenance. [online] Available at: http://www.justice.gov.za/vg/children/ [Accessed 13/05/2016].

HOW CAN AN UNMARRIED FATHER OBTAIN PARENTAL RIGHTS AND RESPONSIBILITIES?

October 16, 2017 / / Comments Off on HOW CAN AN UNMARRIED FATHER OBTAIN PARENTAL RIGHTS AND RESPONSIBILITIES?

Under the old dispensation, where parties were divorced, one parent (usually the mother) would usually be awarded custody of a minor child and the other parent (usually the father) would be entitled to visitation rights.

The custodian parent would be vested with making all of the day-to-day decisions of the minor child including which school the child would attend, what religion the child would practice, where the child would reside and so on.

The parents now have joint parental responsibilities and rights, and all major decisions relating to the minor child need to be taken by the parties jointly, which is a far healthier situation for the child.

  • If the unmarried father only wants to apply for care and/or contact, he can do so in the Children’s Court.
  • If the unmarried father wants to apply for guardianship, an application must be made in the High Court.
  • If the unmarried father wants to apply for care, contact and guardianship, he must bring the application in the High Court.

An unmarried biological father may ask a court of law to grant him full parental responsibilities if he:

  • at the time of the child’s birth, is living with the mother in a permanent life partnership, or
  • consents to be identified as the child’s father, or
  • successfully applies to be identified as the child’s father, or
  • pays damages in terms of Customary Law, or
  • contributes or has tried to contribute to the child’s maintenance and upbringing for a reasonable period.

What factors will the court take into account when considering an application for parental rights and responsibilities?

  • The best interests of the child.
  • The relationship between the unmarried father and the child.
  • The relationship between any other person and the child, such as the mother.
  • The degree of commitment the unmarried father has shown towards the child.
  • Whether the unmarried father has contributed or attempted to contribute to the maintenance of the child.
  • Any other factor the court considers to be relevant, such as:
    • whether the unmarried father has a history of violence towards children;
    • the effect of separating the child from his/her mother; or
    • the child’s attitude towards the relief sought in the application.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)

References:

https://www.legalwise.co.za/help-yourself/quicklaw-guides/unwed-father/

http://www.parent24.com/Family/Finance_Legal/Unmarried-Know-your-rights-20150826

GETTING CHILD CONTACT FOR DIVORCED PARENTS

March 22, 2017 / / Comments Off on GETTING CHILD CONTACT FOR DIVORCED PARENTS

My Lawyer_Images-03Contact refers to maintaining a personal relationship with a child. It entitles a person to see, spend time with (visit or be visited) or communicate (through post, by telephone or any form of electronic communication) with a child who does not live with that person. The child’s parent/s or a person other than the child’s parent/s (such as grandparent) can obtain the right to contact a child, provided that the contact would serve in the child’s best interests.

What will the court consider when granting an order in respect of contact?

  • The best interests of the child.
  • The nature of the personal relationship between the child and his/her parent/s.
  • The degree of commitment the parent/s has shown towards the child.
  • The extent to which the parent/s has contributed towards the expenses in connection with the birth and maintenance of the child.
  • The likely effect on the child of any change in the child’s circumstances, including the effect of being separated from the parent/s or brothers/sisters with whom the child has been living.
  • Any family violence involving the child or a family member of the child.
  • The need to protect the child from any physical or psychological harm that may be caused by subjecting or exposing the child to maltreatment, abuse, neglect, degradation, violence or harmful behaviour.
  • The child’s age, maturity, stage of development, gender, background and relevant characteristics of the child.
  • Any disability that a child may have and any chronic illness from which a child may suffer from.

A parenting plan will contain a clause setting out the reasonable contact that the parent of alternate residence shall have with the child during term time and school holidays, taking into account the child’s social, school and extra-mural activities.

There are an infinite number of possibilities available when drawing up a parenting plan. Jobs, schools and a variety of other factors must still be taken into account. The bottom line is to find a plan that works for the whole family.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)

References:

https://www.legalwise.co.za/help-yourself/quicklaw-guides/child-contact/

http://www.divorcelaws.co.za/the-non-custodian-parent-and-contact.html

ADOPTING A CHILD IN SOUTH AFRICA

March 22, 2017 / / Comments Off on ADOPTING A CHILD IN SOUTH AFRICA

My Lawyer_Images-02Adoption is the legal act of permanently placing a child with a parent or parents other than the child’s birth mother or father.

A legal adoption order ends the parental rights of the birth mother and father and hands over the parental rights and responsibilities to the adoptive parents.

There are 4 phases in the adoption process:

  1. Application
  • In South Africa, the only way in which you can legally adopt a child is by working through an accredited adoption agency, or with the assistance of an adoption social worker, functioning within the statutory accredited adoption system.
  • When working through an adoption agency, the process usually starts with the prospective adoptive parents submitting an application to the agency.
  • Each agency has its own set of requirements – it’s a good idea to phone the particular agency to get their set of criteria before you actually apply in writing.
  1. Screening process
  • All prospective adoptive parents are required to undergo a screening and preparation process. This normally involves:
    • orientation meetings,
    • interviews with a social worker,
    • full medical examinations,
    • marriage and psychological assessments,
    • home visits, and
    • police clearance and the checking of references.
  • The screening process allows social workers to get to know prospective adopters as a family, their motivation to adopt and their ability to offer a child a warm, loving and stable home.
  1. Waiting list
  • Once the screening process is complete, applicants are placed on a waiting list for a child. Applicants have their own ideas and wishes about the child they wish to adopt.
  • They can decide about the age and sex of the baby or child they would like to adopt, and adoption agencies will try to meet those personal expectations.
  1. Placement
  • The official placement of the child with the adoptive parents is a legal process, carried out through the Children’s Court.
  • Once the child has been with the new parents for a period of time, and the social worker has assessed the adoption to be in the best interests of the child, the adoption is finalised through the Children’s Court.
  • The child then becomes the legal child of the adoptive parents as if the child was born to them and has all the same rights as a biological child.

An adopted child is regarded as the biological child of the adoptive parent/s and all parental rights and responsibilities his/her biological parent/s or previous legal guardian/s had will be terminated. The adoptive child takes the surname of the adoptive parent/s (unless the Children’s Court states otherwise). An adoption will not affect the adoptive child’s rights to property s/he obtained before the adoption.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)

References:

https://www.legalwise.co.za/help-yourself/quicklaw-guides/adoption/

https://www.westerncape.gov.za/service/adopting-child

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