Unmarried fathers have full parental responsibilities and rights in respect of the child:

• If at the time of the child’s birth, he is living with the mother in a permanent relationship
• Even if he is not living with the mother or has never lived with her, he
  • is identified as the child’s father or pays damages in terms of customary law
  • contributes or has tried to contribute to the child’s upbringing for a reasonable period
  • contributes or has tried to contribute towards the child’s maintenance for a reasonable period.

However, this does not affect the duty of a father to contribute towards the maintenance of the child.

If there is a dispute between the unmarried father and the mother of a child regarding any of these conditions, the matter must be referred for mediation to a family advocate, social worker, social service professional or any other qualified person.

Any party to the mediation can ask a court to review the outcome of the mediation.

This section applies regardless of whether the child was born before or after the Act was passed.

The Natural Fathers of Children Born out of Wedlock Act (No 86 of 1997) which gave unmarried fathers the right to go to court to ask for access, custody or guardianship of their children has been repealed by the Children’s Act. The Act no longer makes a distinction between illegitimate and legitimate children.