29/08/2026
π‘ MONDAY FUN β ANSWER TIME
The correct answer is D. β
Only the pregnant childβs informed consent is required.
This is one of those questions where the usual age rules in the Childrenβs Act can easily lead us in the wrong direction.
βοΈ Section 129(1) of the Childrenβs Act specifically makes the consent provisions subject to section 5(2) of the Choice on Termination of Pregnancy Act 92 of 1996.
In terms of the Choice on Termination of Pregnancy Act:
π No consent other than that of the pregnant woman is required for a termination of pregnancy. In section 1, βwoman" means any female person of any age.
π Where the pregnant person is a child, she must be advised to consult with a parent, guardian, family member or friend.
π However, the termination may not be denied because she chooses not to consult them.
So, in our Monday Fun example, the fact that the child is 11 years old does not mean that her parent or guardian must consent on her behalf.
π‘ The important practice lesson:
Do not automatically apply the usual 12-year age requirement for consent to medical treatment to a termination of pregnancy. The Choice on Termination of Pregnancy Act contains the specific consent provisions that apply here.
Did you get it right? π
Disclaimer: This post is shared for educational purposes and does not constitute legal advice.
