Guardianship is a parental right and responsibility that a biological parent has with regards to his/her child. It is, amongst others, set out in Section 18 of the Children’s Act, 38 of 2005 (“the Act”). What is important to note here, is that a person can also be awarded guardianship over a child other than his/her own, by the high court of competent jurisdiction. In South Africa, a child becomes an adult when he/she turns 18. Prior to that date, the person/s who have full parental responsibilities and rights in respect of that child, and in particular guardianship, must make legal decisions on the child’s behalf. So, in other words, guardianship is the right and responsibility to make legal decisions for your child or for the child for which you have been appointed as guardian. A biological mother, whether married or unmarried, automatically has full parental responsibilities and rights in respect of her child. But , if the mother ...