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6.4
Maintenance of the child (Article 18.3)
Legislative
Maintenance of a child was covered by the Children’s Protection Act (1980) until repeal
by the CPW Act in 2011. Part XXIII of the CPW Act sets out the current joint
maintenance responsibilities of parents whether married at the time of the child's birth or
not. Section 20 (2) (b) read with section 212 provides that parents have a legal duty to
support their child, up until the age of eighteen (18) years. They must provide basic
primary school education up to form C. Under section 213 a child may apply for
maintenance from a parent on their own behalf. A Magistrates Court has the jurisdiction
to make such an order.
Administrative
Where a parent does not pay under a maintenance order, the Children's Court can
garnish a government employee's wages and/or imprison a recalcitrant parent. There is
a reciprocal agreement between Lesotho and RSA for the assessment and enforcement
of maintenance orders of parents living in the alternate jurisdiction. Where parents
cannot maintain a child, the child will be taken to residential care facility or the State
provides public assistance. Public Assistance can come in the form of food packages in
the interim while vulnerable households await payment of cash grants.
Difficulties
Although a biological non-custodial parent can be ordered by a court to maintain a child,
culturally a child born out of wedlock is unlikely to be maintained. Further, very little
effort is made to ensure that the child's father has been contacted to notify them of the
birth.
6.5
Adoption and periodic monitoring of the placement of the child
(Article 24)
Legislative
The Adoption Proclamation of 1952 covered international adoptions only and did not
allow Basotho to adopt. Part XIII of the CPW Act, passed in 2011, provides for local and
international adoption as alternative forms of care. Section 51 outlines criteria placed on
a person wishing to adopt which applies to both local and international applicants and
section 61 specifies further requirements placed on international applicants.