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Chapter 8
Related Sections
1
INTRODUCTION
2
MARRIAGE
3
Draft Marriage Bill (2023)
4
Civil marriages
5
CIVIL UNIONS
6
African customary marriages
7
Muslim and Hindu marriages
8
The rules of civil marriage
9
DIVORCE
10
Divorce in a civil marriage
11
Ending an African customary marriage
12
Ending a Muslim or Hindu marriage
13
The Family Court
14
Arrangements made at the time of divorce
15
CARE AND PROTECTION OF CHILDREN
16
Laws that apply to child care and protection
17
The Children’s Act and Children’s Amendment Act
18
Summary of the Children’s Act
19
Overview of important sections of the Children’s Act
20
CUSTODY, GUARDIANSHIP AND SUPPORT OF CHILDREN
21
Custody or care
22
Guardianship
23
The duty to support children
24
Parental responsibilities and rights
25
Children of African customary unions
26
Children of Muslim or Hindu marriages
27
Adoption of children
28
CHILD ABUSE AND NEGLECT
29
Laws protecting abused and neglected children
30
Reporting child abuse
31
Stopping child abuse using the Domestic Violence Act
32
Child sexual abuse
33
Removing children from abuse or neglect
34
Foster care
35
ABORTION
36
When may a woman have an abortion?
37
Consent to an abortion
38
Who may perform an abortion?
39
DEATH
40
Dying without a will
41
Dying with a will
42
Winding up a dead person’s estate
43
PROBLEMS
44
Problem 1: Getting a divorce
45
Problem 2. Entering into a civil union
46
Problem 3. Adopting a child
47
Problem 4. Getting maintenance through the Maintenance Court
48
Problem 5: Maintenance is not paid
49
Problem 6: Making a will
50
MODEL LETTER
51
Model letter: Request for social worker’s report to assist with application for legal aid
52
CHECKLISTS
53
Checklist: Marriage
54
Checklist: Divorce
55
Checklist: Maintenance
56
Checklist: Child abuse and neglect

Consent to an abortion

The termination of pregnancy can only take place once the woman has given her informed consent. No consent other than that of the pregnant woman is necessary for the termination of a pregnancy unless she is so mentally ill that she doesn’t understand what abortion is about or what happens as a result of an abortion, or she is continuously unconscious and therefore cannot give consent.

In the case of a pregnant minor (a person under the age of 18 years) a medical practitioner or a registered midwife must advise the minor to consult with her parents, guardian, family members or friends before the pregnancy is terminated. However, if the minor chooses not to consult them, she is still allowed to have the abortion in terms of the Act.

A woman is entitled to counselling before and after the abortion. The counsellor may not force her, nor tell her whether or not she should have the abortion. (See Bill of Rights, Section 12)