Due to customary traditions and/or obstacles imposed by mother’s and her family, the greatest challenge that an unmarried father faces is being denied access to their children.
By the implementation of the Children’s Act, out of date and gendered power relations within marital and parental relationships, may be a thing of the past.
Despite the steps forward, unmarried fathers and married fathers, however, still receive different types of parental rights.
Due to customary traditions followed by most South Africans before the Children’s Act was introduced, a biological father was not automatically entitled to parental rights and responsibilities for a child born out of wedlock – thus many children had no idea who their father was.
Section 21 of the Children’s Act
This Act introduced a flashpoint by outlining certain requirements that a biological father needs to meet to be granted parental rights and responsibilities over his minor child born out of wedlock.
Requirements for a biological father:
- The biological father lived with the biological mother in a permanently committed relationship at the time of the child’s birth; or
- No matter whether the biological father has lived with the mother or is living with her, he must either consent to be identified, or successfully apply for identification as the child’s father, or pay damages as per customary law.
- For a reasonable period, the biological father contributes to the upbringing of the child and the expenses associated with the maintenance of the child, or attempts to contribute in good faith.
It is the father’s responsibility to raise and care for the child equally with the mother (married or not), including joint decisions of the child’s upbringing, safety, and treatment.
Regardless of their relationship with the mother, unmarried fathers are encouraged to make use of the Act ensuring they acquire parental rights and responsibilities in respect of their children.
