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Children's Act, 2005 (Act No. 38 of 2005)

Chapter 3 : Parental Responsibilities and Rights

Part 1 : Acquisition and loss of parental responsibilities and rights

19. Parental responsibilities and rights of mothers


(1) The biological mother of a child, whether married or unmarried, has full parental responsibilities and rights in respect of the child.


(2) If—
(a) the biological mother of a child is an unmarried child who does not have guardianship in respect of the child; and
(b) the biological father of the child does not have guardianship in respect of the child,

the guardian of the child’s biological mother is also the guardian of the child.


(3) This section does not apply in respect of a child who is the subject of a surrogacy agreement.