Unmarried dads: Know your legal rights and responsibilities
Paternal rights comes with responsibilities.
Families are in crisis, with many facing challenges which negatively affect their ability to sustain themselves.
This is according to Phetoho Maja, media liaison for the Gauteng Department of Social Development (DSD).
Maja explains that one such challenge is cultural practices, such as paying ‘damages’ following the birth of a child, which limit fathers’ access to their children.
“The well-being of the family is vital to the overall functioning of society,” he said.
“Any breakdown in the family’s ability to function and provide care increases the vulnerability of its members.”
He urged unmarried fathers to lean on legal rights which protect them, as well as their children.
“Unmarried fathers have specific legal rights and responsibilities under the Children’s Act of 2005, which allows them to acquire parental rights and responsibilities if certain conditions are met,” he said.
Quoting an article published by Scholtz Attorneys in Roodepoort, Maja said that for unmarried men to acquire parental rights, the father must jointly register the child’s birth at the Department of Home Affairs with the mother.
Alternatively he can apply for parental responsibilities and rights through a court order.
“Unmarried fathers must establish their commitment to the child’s well-being by demonstrating active involvement in their upbringing, including financial and emotional support,” he said.
“In cases where the mother disputes the father’s involvement, legal assistance becomes essential to navigate the process and protect the father’s rights.”
Through its Family Preservation Programme, DSD provides mediation to assist unmarried fathers in obtaining full responsibilities and rights to their children.
“We use a unique multi-tiered and managed process that is simple, innovative and integrates seamlessly with the court system,” he said.
“As we observe families in all their various forms, we emphasise the critical role of parenting and fatherhood programmes in building strong, resilient families while addressing social challenges such as substance abuse, violence, and intergenerational trauma.”
In closing, Maja called on the private sector, NPOs and faith-based institutions to prioritise family issues, highlighting parental rights and responsibilities while understanding the importance of building strong family units.
ALSO READ: Parental responsibilities explained
ALSO READ: Image privacy rights and your child
