When people become parents they have legal responsibilities and rights in respect of their children. Parents must give their children enough support to live at the same standard of living as the parents. This duty continues until the children are self-supporting. This support includes food, clothing, housing, medical and dental expenses, and education. Children are minors until they reach the age of 18.

GENERAL PARENTAL RESPONSIBILITIES AND RIGHTS

The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right to:

• Care for the child
• Maintain contact with the child
• Act as guardian of the child
• Contribute to the maintenance of the child

PARENTAL RESPONSIBILITIES AND RIGHTS OF MOTHERS

The biological mother (in other words, the person who gave birth to the child) of a child, whether married or unmarried, has full parental responsibilities and rights in respect of the child.

PARENTAL RESPONSIBILITIES AND RIGHTS OF MARRIED FATHERS

The biological father (in other words, the physical father) of a child has full parental responsibilities and rights with respect to the child if:

• He is married to the child’s mother, or
• He was married to the child’s mother at the time when the child was conceived (in other words, when the mother fell pregnant) or at the time of the child’s birth; or any time between these events.

PARENTAL RESPONSIBILITIES AND RIGHTS OF UNMARRIED FATHERS

Unmarried fathers have full parental responsibilities and rights with respect to 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.

PARENTAL RESPONSIBILITIES AND RIGHTS AGREEMENTS

The mother of a child or any other person who has parental responsibilities and rights in respect of a child can enter into an agreement with:

• The biological father of a child who for some reason does not have parental responsibilities and rights in respect of the child, or
• Any other person who has an interest in the care, well-being and development of the child.

A parental responsibilities and rights agreement must be registered with the family advocate or made an order of the High Court, a divorce court in a divorce matter or the children’s court. Before registering a parental responsibilities and rights agreement or making it an order of court, the family advocate or the court must be satisfied that the parental responsibilities and rights agreement is in the best interests of the child.