Law Of Persons 2019

2. THE BEGINNING OF LEGAL PERSONALITY OR

SUBJECTIVITY
The beginning of legal personality

Legal requirements for birth

2.1 The beginning of legal personality

Legal Personality begins at birth with the following requirements

 Birth must be completed; there must be full separation between the

mother and the baby. It is not necessary that the umbilical cord be cut.

 The child must be alive after separation even if it is for a short while.
Legal personality is not obtained by stillborn foetus’ that died during
birth.

 The child must have reached a stage where legal development

independent if the mother is possible.

2.2 Legal requirements for birth

In terms of Births and Deaths Registrations Act 51 of 1992

 Notice of birth of a child must be given within 30 days to the Director

General of Home Affairs

 Notice of birth of a legitimate child must be given under the surname of

the mother or father or both and in the case where there is an extra
marital child in the mother’s surname.

 If an extra marital child is registered under the father’s surname, written

consent to change the surname from the father is no longer required
where the mother has sole guardianship over the child.