Text in Afrikaans, abstract in English / Writer investigates the constitutionality of section 18(4)(d) of the Child Care Act 74 of 1983
against the backdrop of the South African common law and the common law of comparative legal
systems. In the South Africa law the mother of an illegitimate child has guardianship. The natural
father does not have parental power which weakens his legal position.
In analysing the judgement of the Constitutional Court, writer criticises the court for stating that
in the case of a newborn baby the kind of discrimination which section 18( 4 )( d) authorises against
a natural father may be justifiable in the initial period after the child is born.
The constitutional position of the natural father in American jurisprudence is discussed at length.
Writer concludes that the natural father has to take positive steps to vest a right to be heard in an adoption application. Proposals for legal reform are also made. / Private Law / LL. M. (Law)
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:uir.unisa.ac.za:10500/17907 |
| Date | 08 1900 |
| Creators | Coetzee, Linden |
| Contributors | Carpenter, Gretchen |
| Source Sets | South African National ETD Portal |
| Language | Afrikaans |
| Detected Language | English |
| Type | Dissertation |
| Format | 1 online resource (i, 57 leaves) |
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