Unmarried fathers demand equal rights amid SA’s growing family crisis
In SA, unmarried fathers have legal rights and responsibilities under the Children’s Act of 2005, which allows them to acquire parental rights and responsibilities if they meet certain conditions.
Many SA families are in crisis and facing challenges that negatively affect their ability to sustain themselves.
One such challenge is the limited access some fathers have to their children because of the cultural practice of paying damages after the birth of a child.
It must be noted that the family’s well-being is of critical importance to the overall functioning of society.
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Any breakdown in the family’s ability to function and provide care increases the vulnerability of its members.
As we observe the International Day of Families on May 15, it is vital to consider how the law protects unmarried fathers.
In SA, unmarried fathers have legal rights and responsibilities under the Children’s Act of 2005, which allows them to acquire parental rights and responsibilities if they meet certain conditions.
According to an article by Scholtz Attorneys in Roodepoort, to acquire parental rights, an unmarried father must register the child’s birth jointly with the mother or apply for parental responsibilities and rights through a court order.
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“It is crucial for unmarried fathers to establish their commitment to the child’s well-being by demonstrating active involvement in their upbringing, including financial and emotional support.
“When the mother disputes the father’s involvement, legal assistance becomes essential to navigate the process and protect the father’s rights,” said the Gauteng Department of Social Development’s (GDSD) media liaison Phetoho Maja.
“The GDSD, through its Family Preservation Programme, help unmarried fathers obtain full responsibilities and rights to their children by providing mediation. The department uses a unique, multi-tiered and managed process that is simple, innovative and integrates seamlessly with the court system,” said Maja.
“The United Nations officially declared the International Day of Families (IDF) in 1994 in response to changing economic and social structures that affect the stability and composition of family units in many parts of the world.
“The purpose of the observance is to raise awareness of the critical roles of parenting and fatherhood programmes in building strong, resilient families and addressing social challenges like substance abuse, violence and intergenerational trauma.
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“This milestone, observed annually, reflects the significance the global community places on families as the primary units of society.
“The theme for the 2024 IDF is ‘Family-Oriented Policies for Sustainable Development: Building Resilient Families’.
“The GDSD celebrates this day annually to promote stable, healthy families, the heart of strong societies, as it regards the family as a microcosm of the global community,” said Maya.
“It is also important to understand that building strong families is not only the government’s responsibility but also of other stakeholders, such as the private sector, NPOs, and faith-based institutions.
“There is, therefore, a need to prioritise family issues, rights, and concerns through formal and informal efforts by governments in co-operation with the private sector and NPOs,” said Maya.
