Surrogacy and the best interests of the child standard

By Sasha Kadish Section 295 of the Children’s Act[1] sets out guidelines for a court to consider when confirming a surrogacy agreement. The guidelines[2] all refer to the requirements of the surrogate mother as well as the commissioning parents, save for S295(e), which states that the court must, in general, have regard for the personal… Continue Reading

Section 10 of the Births and Deaths Registration Act is unconstitutional.

In the case of Centre for Child Law v Director-General: Department of Home Affairs and Others the Constitutional Court declared section 10 of the Births and Deaths Registration Act 51 of 1992 (Act) invalid and inconsistent with the Constitution to the extent that it prohibits an unmarried father from giving notice of the birth of his child… Continue Reading

Parental Alienation

Source: Shando Theron, Head of the Matrimonial Law Department at Theron & Theron Attorneys in Johannesburg, WHAT IS PARENTAL ALIENATION? It is a recurring problem that affects many families who experience high conflict, separation and divorce. It is the situation where one parent (the alienating parent – usually the mom) encourages the child to… Continue Reading

Disputed Child Relocation: Why the Courts Find It So Difficult to Decide

Source: Shando Theron, Head of the Matrimonial Litigation Department at Theron and Theron Attorneys in Johannesburg. or ) WHAT IS A RELOCATION DISPUTE? The Principal Family Court Judge of New Zeeland, Boshier P, has described relocation cases as “cases that involve two competent and committed parents, one with sound reasons for wishing to… Continue Reading

Thinking of Getting Divorced?

Thinking of getting divorced? How divorce works Once a married couple (whether married according to civil or customary law) has decided to get divorced, the person suing for divorce (the “Plaintiff”) needs to prepare a divorce summons, either through the High Court or the Family Court at a local Magistrates’ Court, suing the other spouse… Continue Reading

Who is a Legal Guardian?

Who is a legal guardian? A client asked me when and how a person should appoint a guardian to look after minor children, on his or her death. Why is it so important to appoint a legal guardian for your children? On the death of the first dying parent, the surviving parent becomes the sole… Continue Reading

A grandparents’ duty to support their grandchild

Grandparents’ rights and responsibilities Intro: For many South Africans, grandparents are the backbone of the family, playing an important role in caring for and imparting values to their grandchildren. But what if this vital relationship isn’t intact? What rights do grandparents have, and do they have legal responsibilities too? Story: There can be no clearer… Continue Reading

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