Special field method iii

• Keeping the child


  The rape survivor can register the child's birth on her own, without any consent or involvement of the rapist. The identity of the father on the birth certificate can just be left blank.
• Rapist's rights if the rape survivor keeps the child

  The convicted rapist does not have any automatic rights to custody, guardianship, or access. The rapist could apply to the court for an order granting any of these rights if this was for some reason in the child's best interests, but this would be unlikely except in very unusual cases.
• Rapist's maintenance obligations


  The rapist parent must contribute to the maintenance of the child. But the child does not have a matching duty to pay maintenance to the rapist parent if that parent should ever need help.
• State maintenance grants


  The Ministry of Gender Equality, Poverty Eradication and Social Welfare provides State maintenance grants for children in need. The child of a rape survivor might be eligible for this grant, particularly if the rapist is in prison.
• Kinship care


  The care of a child by a member of the child's family or extended family. It is normally a voluntary arrangement made by the parent or guardian of the child with the kinship care-giver.
• Kinship care after a rape

  A rape survivor might not be ready to care for the child right after giving birth. The option of kinship care might be useful in a situation where the mother cannot take care of the child or is not ready to do this, and there are family members who are willing to step in to help.
• State maintenance grant in kinship care

  A State maintenance grant is always paid to the person who is actually caring for a child, no matter who applied for the grant. A kinship care-giver can also apply for a State maintenance grant for the child, but this requires a written agreement about the arrangement which must be registered at a children's court.
• Adoption


  When a parent gives consent for another person to become the legal parent of the child. After an adoption, the adoptive parent becomes the legal parent of the child in every way, and the biological parent has no rights and duties in respect of the child anymore.
• Disclosed vs non-disclosed adoptions

  Disclosed adoptions mean the adoptive parents and biological parents know each other's identities, while non-disclosed adoptions keep this information confidential. In a disclosed adoption, the adoptive parent and the biological parent can make an adoption plan that covers issues like occasional contact or the sharing of news about the child.
• Rapist's consent for adoption


  If the children's court confirms that the child was conceived through rape, the father's consent is not required to give the child up for adoption. This finding can take place before the rape trial.
• Adoption if the rape survivor is a minor

  If the rape survivor is under age 18, the rape survivor's parent or guardian must also give consent to the adoption. But the children's court can give an order saying that the rape survivor does not need a parent's consent to decide on adoption if the court decides that this would be in the best interests of both the rape survivor and the child.
• Anonymous abandonment of the child

  The rape survivor can leave the baby in the care of someone at a safe place - such as a police station, hospital or safe haven - without giving anyone her name. The child will be treated as an abandoned child and put up for adoption.
• Legal abortion after rape

  The Abortion and Sterilization Act 2 of 1975 provides for legal abortions in cases of rape. But anyone seeking an abortion after a rape must act quickly, as most doctors will not perform an abortion if the pregnancy is advanced.
• Requirements for legal abortion after rape

  1. Two medical certificates stating the pregnancy is the result of rape, with one doctor being a State-employed doctor. 2) A certificate from a magistrate saying the pregnancy likely resulted from a rape and the woman has either laid a charge with the police, or showed a good reason for failing to lay a charge.
• Qualifications of doctors providing certificates

  Both doctors must be registered medical practitioners, with at least one having practiced in Namibia for at least four years. The two doctors must not be practicing in the same partnership or working for the same employer. Neither of the doctors who gives the certificate can perform the abortion.
• Magistrate providing certificate


  The certificate can be issued by any magistrate in the same general area as where the rape took place.
• Laying a charge of rape


  It is not necessary to lay a charge of rape first. But if no charge was laid, the woman must provide a good reason to the magistrate for why she has not gone to the police.
• Timing of abortion and rape trial

  An abortion must be in the early stages of a pregnancy, and it is very unlikely the criminal trial would be concluded in time.
• Location of abortion


  The abortion must be performed in a State hospital or clinic, or in a private hospital approved by the Minister of Health and Social Services to perform abortions.
• Abortion for child rape survivor

  If the rape survivor is at least 14 years old and mature enough to understand the benefits, risks, and implications, they can give consent. But if the medical intervention involves a surgical operation, consent must also be given by a parent or guardian (or the child's care-giver if there is no parent or guardian).
• Consent for abortion if rape survivor is too young


  If the rape survivor is too young to give consent to the abortion, her parent or guardian must provide consent. But it is possible to get consent from the Minister of Gender Equality, Poverty Eradication and Social Welfare or a from a children's court instead.