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Children’s Status and Their Right to Inherit

29 May 2025, Tinus Botes

Within the framework of South Africa’s law of succession, constitutional values such as equality and non-discrimination have elevated children’s rights... to inherit significantly. Our legal position currently has impacted both the status and inheritance rights of extramarital children, children conceived through artificial insemination, children born of surrogacy, and adopted children. The Children’s Act 38 of 2005 and the Intestate Succession Act 81 of 1987 have provided the legal framework that governs these rights.

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222

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Can an unmarried father register a child under his surname?

15 November 2021

I’m the father of a newborn daughter. The mother, to whom I’m not married, disappeared immediately after birth leaving me... as sole parent of my daughter. Because I don’t know where the mother is I cannot get the mother’s consent. Without this consent Home Affairs does not want to register my daughter under my surname. I have no idea what to do now. Can you help?

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849

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