Children’s Status and Their Right to Inherit

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 […]

Why should I pay maintenance if I am not allowed to see my child?

Upon the birth of a child, both parents automatically have a duty to support that child. The fact that the child is born to married or unmarried parents is irrelevant. The duty is apportioned between the parents according to their respective means. S 15(1) of the Maintenance Act states that a court order for the […]