The Rights of Unmarried Fathers

Section 21 of The Children’s Act 38 of 2005 makes provision for unmarried fathers to have equal parental responsibilities and rights in respect of their minor child subject to certain pre-requisites during the child’s birth and financial contributions.   The co-holders of parental responsibilities and rights may agree on a parenting plan and maintenance. However, in terms of Section 33 of the Children’s Act 38 of 2005, in the event of any dispute or if they experience any difficulties in exercising their responsibilities and rights, the parties are to agree on the terms of a parenting plan determining the exercise of their rights through mediation, before seeking the intervention of a court. 

Any person, and often a grandparent of a child, who has a sufficient interest in the care, protection, wellbeing or development of a child, can bring an application to Court for the assignment of care and contact of the child. The court will only grant an order that is in the child’s best interest, and will consider the application based on the applicant’s relationship to the child, the commitment shown and financial contributions towards the child.