Rights and responsibilities of a children and parents

Children's Act 38 of 2005 

Section 16: Responsibilities of children

Every child has responsibilities appropriate to the child's age and ability towards his or her family, community and the state. 

Section 18: Parental rights and responsibilities
The Children’s Act 38 of 2005 provides that a parent has the following rights and responsibilities towards his/her child:

* to care for a child;
* to keep contact with a child;
* to act as guardian of a child; and
* to contribute to the maintenance of a child.

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Section 19: Parental responsibilities and rights of mothers
The biological mother of a child, whether married or unmarried, has full parental responsibilities and rights in respect of the child.

Section 20: Parental responsibilities and rights of married fathers

The biological father of a child has full parental responsibilities and rights in respect of the child: 
* If he is married to the child’s mother.
* If he was married to the child’s mother at the time of the child’s conception.
* He marries the mother at the time of the child’s birth.
* A marriage takes place at any time between conception and birth.

Section 21: Parental responsibilities and rights of unmarried fathers

The biological father of a child ... acquires full parental responsibilities and rights in respect of his child if he lives with the child's mother in a permanent life-partnership when the child is born.

He also acquires full parental responsibilities and rights if, regardless of whether or not he has ever lived with the child's mother, he consents or successfully applies to be identified as the child's father or pays damages in terms of customary law, and contributes or attempts in good faith to contribute to the child's upbringing and maintenance for a reasonable period. 

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