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Filter: Family
Surrogacy and the Legal Process

04 April 2024,  Maritza du Preez

Surrogacy, a process where a woman carries and delivers a child for another person or couple, is a complex journey... intertwining medical, emotional, and legal considerations. In South Africa, the legal framework surrounding surrogacy is carefully constructed to protect the rights of all parties involved: the commissioning parents, the surrogate, and most importantly, the child.

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1159
Article
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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485
Article
May a marriage officer refuse to solemnise a same-sex civil union?

15 January 2021

My partner and I are a same-sex couple and want to get married at Home Affairs. Is the marriage officer... permitted to refuse to marry us based on his or her personal conscience, religion and/or belief about our relationship?This article explores the repeal of section 6 of the Civil Union Act 17 of 2006, which provides that a marriage officer may object to solemnising a civil union between persons of the same sex on the grounds of conscience, religion and belief.

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350
Article
A brief analysis of the Constitutional requirement of the “best interest of the child”

29 July 2020

Section 28(2) of the South African Constitution states that a child’s best interests are of paramount importance in every matter... concerning a child. The South African legislature has adopted various pieces of legislation which gives effect to this constitutional requirement. This article will briefly consider some of these legislative interventions in order to establish what this constitutional right entails and how a child’s best interest should be determined.

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702
Article
Marriage Laws in South Africa are being renewed

02 July 2020,  Meerushini Govender

The South African Constitution makes provision for the right for everyone to be treated equally regardless of their religion, gender,... race, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, conscience, belief, culture, language and birth. The National Legislation is duty-bound to correct unfair discrimination.

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552
Article
Divorce – Accrual – Living Annuities an Asset in The Estate

27 May 2020,  Nico le Roux

In all future divorce proceedings, in the absence of an agreement between the parties, an expert will have to be... appointed to determine the value of a party’s right to receive future payments in respect of the living annuities. The SCA has not provided a guideline as to how the calculation should be done and this could lead to further litigation, as currently, an annuitant may elect to drawdown at any rate between 2.5 or 17.5 per cent per annum.  

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573
Article

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