Children's Act, 2005 (Act No. 38 of 2005)Chapter 3 : Parental Responsibilities and RightsPart 2 : Co-exercise of parental responsibilities and rights32. Care of child by person not holding parental responsibilities and rights |
| (1) | A person who has no parental responsibilities and rights in respect of a child but who voluntarily cares for the child either indefinitely, temporarily or partially, including a care-giver who otherwise has no parental responsibilities and rights in respect of a child, must, whilst the child is in that person’s care— |
| (a) | safeguard the child‘s health, well-being and development; and |
| (b) | protect the child from maltreatment, abuse, neglect, degradation, discrimination, exploitation, and any other physical, emotional or mental harm or hazards. |
| (2) | Subject to section 129, a person referred to in subsection (1) may exercise any parental responsibilities and rights reasonably necessary to comply with subsection (1), including the right to consent to any medical examination or treatment of the child if such consent cannot reasonably be obtained from the parent or guardian of the child. |
| (3) | A court may limit or restrict the parental responsibilities and rights which a person may exercise in terms of subsection (2). |
| (4) | A person referred to in subsection (1) may not— |
| (a) | hold himself or herself out as the biological or adoptive parent of the child; or |
| (b) | deceive the child or any other person into believing that that person is the biological or adoptive parent of the child. |