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Presumption of Parentage Bill

Wonderful news the presumption of parentage bill has been made law from 10am 15/12/11. This was a welcome surprise as the bill was not scheduled to be law until 23/6/12.

So what does this mean? This means if you have a child by assisted reproductive technology (ART) and meet the criteria bellow:

  • the child was born in SA
  • the child is under 18
  • you were a couple for more than 3 years before the child was conceived
  • the non biological mother consented to the procedure

If you meet these criteria you can register the change to the birth certificate at births deaths and marriages.

An information sheet about the process can be for downloaded here and information on registering new births here.

If you do not meet the criteria then you can engage a lawyer and go to the Magistraites court to see if you can be granted an order from the court which will direct births deaths and marriages to record you both on the birth certificate. This is not an automatic procedure and will be dependent on individual circumstances.

 

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