No consent in terms of section 18(4)(d) shall be required -
| a) |
in the case of any child whose parents are dead and for whom no guardian has been appointed; |
| i) |
who is as a result of mental illness incompetent to give any consent; or |
| ii) |
who deserted the child or whose whereabouts are unknown; or |
| iii) |
who has physically, emotionally or sexually assaulted, ill-treated or abused the child or allowed him or her to be so assaulted, ill-treated or abused; or |
| iv) |
who has caused or conduced to the seduction, abduction or sexual exploitation of the child or the commission by the child of immoral acts; or |
| v) |
[Deleted by section 8 of Act 96/96] |
| vi) |
who is withholding his consent unreasonably. |
| vii) |
who, in the case of a child born out of wedlock, has failed to acknowledge himself as the father of the child or has, without good cause, failed to discharge his or her parental duties with regard to the child; or |
| viii) |
whose child, in the case of a child born out of wedlock, was conceived as a result of an incestuous relationship between himself and the mother of the child; or |
| ix) |
who, in the case of a child born out of wedlock - |
| aa) |
was convicted of the crime of rape or assault of the mother of the child; or |
| bb) |
was, after an enquiry by the children's court following an allegation by the mother of the child, found, on a balance of probabilities, to have raped or assaulted the mother of the child: Provided that such a finding shall not constitute a conviction for the crime of rape or assault, as the case may be; or |
| x) |
who, in the case of a child born out of wedlock, has failed to respond, within 14 days, to a notice served upon him as contemplated in section 19A. |
Copyright Act, 1978
