Children's Act, 2005 (Act No. 38 of 2005)Chapter 3 : Parental Responsibilities and RightsPart 1 : Acquisition and loss of parental responsibilities and rights18. 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). |