Please enable JavaScript.
Coggle requires JavaScript to display documents.
PARENT & CHILD 5 (HOW DO PEOPLE ACQUIRE PARENTAL RESPONSIBILITIES &…
PARENT & CHILD 5
HOW DO PEOPLE ACQUIRE PARENTAL RESPONSIBILITIES & RIGHTS
Children's Act acknowledges diversity of family forms in South African society & envisages a range of ways in which people may acquire parental responsibilities/ rights
Biological parents = usually automatically :red_flag:
s19 & 20 in Children's Act :check:
Unmarried fathers = s21 :check:
If a couple adopts a child, they acquire full parental responsibilities/ rights WRT child
Couple who has baby through artificial insemination or surrogacy also acquires R/R WRT child
s22 :check: =
a mother or other person who has parental R/R may enter into a parental R/R agreement with another person who has "an interest in care/ well-being & development of child"
:red_flag: ITO which this other person shares in parental R/R
s23 :check: ;
empowers court to make an order assigning the "care" & "contact" aspects of the parental R/R to "any person having an interest in care/ well-being or development of child"
Court will do this if it considers order to be in best interest of child
In this regard, court will consider relationship between applicant & child/ the degree of commitment that this person has shown towards child & extent to which applicant has contributed to maintenance of child :warning: :red_flag:
s24 :check: deals with guardianship & provides that HC may assign guardianship to anyone who has interest in care/ well-being & development of child, provided is in child's best interests
"CARE GIVER" = any person other than a parent/ guardian who factually cares for a child & includes; :red_flag:
a foster parent
a person who cares for a child with implied or express consent of a parent or guardian of child
person who cares for a child whilst child is in temp safe care
person at head of a child & youth care centre where child has been placed
person at head of shelter
Child & youth care worker who cares for a child who is without appropriate family care in the community
child at head of a child-headed household