Fraser v Children's Court, Pretoria North
South African legal case / From Wikipedia, the free encyclopedia
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Fraser v Children's Court, Pretoria North and Others is a 1997 judgment of the Constitutional Court of South Africa which held that, in certain circumstances, the consent of the father is required before a child born out of wedlock may be adopted. In a unanimous decision, the court held that the provisions of the Child Care Act, 1983, which required only the mother's consent, were unconstitutional, but suspended its order for two years so that Parliament could amend the law accordingly.[1]
Quick Facts Fraser v Children's Court, Pretoria North, Court ...
Fraser v Children's Court, Pretoria North | |
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Court | Constitutional Court of South Africa |
Full case name | Fraser v the Children's Court, Pretoria North and Others |
Decided | 5 February 1997 (1997-02-05) |
Citation(s) | [1997] ZACC 1, 1996 (8) BCLR 1085, 1997 (2) SA 218 |
Case history | |
Prior action(s) | Referral from the Transvaal Provincial Division in terms of section 102 of the Interim Constitution |
Court membership | |
Judges sitting | Chaskalson P, Mahomed DP, Ackermann, Didcott, Kriegler, Langa, Madala, Mokgoro, O'Regan & Sachs JJ |
Case opinions | |
Decision by | Mahomed |
Keywords | |
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