Parental Rights & Responsibility

It is commonly known that Parents must take care of and make important decisions on behalf of their child or children.

Parental rights and responsibilities include the care of a child, contact with the child, guardianship and maintenance of the child. South African law recognises this, which imposes certain parental rights and responsibilities upon the parents and guardians.

Many South Africans often misunderstand guardianship. The term guardianship is focused on making important decisions on behalf of the child, such as administering and safeguarding the child’s property and even giving or refusing consent to some issues involving the child.

Guardianship of minors refers to the legal relationship between a guardian and a minor under the age of 18. The guardian is responsible for the care and upbringing of the minor, and has the authority to make decisions on their behalf.

Different families do not always have the same rights and responsibilities and the Act explains these differences. All of the following are responsible for the care, contact, maintenance, and guardianship of a child: married biological mother and father, divorced mother and father, and unmarried biological mother.

The mother of a child has ‘full parental responsibilities and rights’ for that child even if she is not married to the father. Unmarried biological or natural fathers have a duty of financial support/maintenance and contact, and the court can grant guardianship and care.