Court confirms rights of foster children

Foster children have the same rights as other children in a family and cannot be excluded from suing the Road Accident Fund (RAF) for loss of support, the High Court in Pretoria has ruled.

The child was placed in foster care with her and her husband in 2003 when it was just one year old, but was excluded from suing the RAF for loss of support when the foster father died in a car accident in March 2012.

The child’s right to claim was finally established when Judge Dawie Fourie in September ruled against the RAF.

Werner Boshoff, an attorney with medical malpractice law firm CP van Zyl Inc, said although the RAF earlier conceded the merits of the mother’s claim, no settlement had yet been reached.

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