Miss
Law of persons
Name: Shandré van der Ross
Student number: 201308455
Topic: The tactless common law maxim, ‘’een moeder maakt geen bastaard’’, has been successfully challenged in terms of Namibian law.
Lecturer: Ms LPK Nuugwedha
Table of Content
1. Introduction…………………………………………………..3 2. Children’s Status Act………………………………………4 * Custody………………………………………………………….4 * Guardianship………………………………………………….4 * Inheritance…………………………………………………….5 3. Domestic Violence and Rape Act……………………5 4. Maintenance………………………………………………….6 5. Married Persons Equality Act…………………………6 6. Proof of Parentage…………………………………………7 7. Conclusion……………………………………………………..8 8. References……………………………………………………..9
Introduction
When a child is born they are categorised as legitimate or illegitimate children. A legitimate child the luxury of claiming from both their parents, weather their parents died intestate or not. “Parents who were married at the time of the child’s birth, or who have married since, and thus, pursuant to the Family law Reform Act 1987 have legitimate the child, will have joint parental responsibility”(Frances Burton, Family Law & Practice,1997,pg.149)Opposed to an illegitimate child which in the past was considered as children out of wedlock or extra-marital children. Which had no rights to claim their father’s property if he died intestate but had the right the right to claim from their mother’s property, if she dies intestate, unless she has other legitimate children. “ Fathers not married to the mother (unmarried father)do not automatically have parental responsibility.”(Frances Burton, Family Law & Practice,1997.pg.149). A father had to apply for parental responsibility from a court by: * Making an agreement with the mother of his/her unmarried child. * Applying to the court for parental responsibility. * Applying for guardianship of the child. * Asking the mother to appoint the “father” as the guardian.
Name: Shandré van der Ross
Student number: 201308455
Topic: The tactless common law maxim, ‘’een moeder maakt geen bastaard’’, has been successfully challenged in terms of Namibian law.
Lecturer: Ms LPK Nuugwedha
Table of Content
1. Introduction…………………………………………………..3 2. Children’s Status Act………………………………………4 * Custody………………………………………………………….4 * Guardianship………………………………………………….4 * Inheritance…………………………………………………….5 3. Domestic Violence and Rape Act……………………5 4. Maintenance………………………………………………….6 5. Married Persons Equality Act…………………………6 6. Proof of Parentage…………………………………………7 7. Conclusion……………………………………………………..8 8. References……………………………………………………..9
Introduction
When a child is born they are categorised as legitimate or illegitimate children. A legitimate child the luxury of claiming from both their parents, weather their parents died intestate or not. “Parents who were married at the time of the child’s birth, or who have married since, and thus, pursuant to the Family law Reform Act 1987 have legitimate the child, will have joint parental responsibility”(Frances Burton, Family Law & Practice,1997,pg.149)Opposed to an illegitimate child which in the past was considered as children out of wedlock or extra-marital children. Which had no rights to claim their father’s property if he died intestate but had the right the right to claim from their mother’s property, if she dies intestate, unless she has other legitimate children. “ Fathers not married to the mother (unmarried father)do not automatically have parental responsibility.”(Frances Burton, Family Law & Practice,1997.pg.149). A father had to apply for parental responsibility from a court by: * Making an agreement with the mother of his/her unmarried child. * Applying to the court for parental responsibility. * Applying for guardianship of the child. * Asking the mother to appoint the “father” as the guardian.
References: (Douglas, 1996) Bibliography Burton, F. (1997). Family Law & Practice. London: Cavendish Publishing Limited. Douglas, N. L. (1996). Families Acroos Frontiers. Netherlands: Kluwer Law International. Heaton, J. (2012,fourth edition). The South African Law of Persons. Interpak Books Pietermaritzburg. (Burton, 1997) (Centre) (Heaton, 2012,fourth edition) [ 1 ]. The South African Law of Persons, Jacqueline Heaton, Fourth Edition, 2012. [ 2 ]. Family Law & Practice, Frances Burton, 1997 [ 3 ] [ 4 ]. Children’s Status Act,No.6, 2006. [ 8 ]. Children’s Status Act, No.6, 2006. [ 9 ]. Children’s Status Act, No.6, 2006. [ 10 ]. No.9 of 2003: Maintenance Act, 2003 [ 11 ] [ 14 ]. Married Persons Equality Act, 1996. ( Act 1 of 1996).