The challenges that unmarried fathers face in respect of the right to contact and care of their children: can amendments to the current law make enforcement of these rights more practical?

Abstract

Historically, unmarried fathers had no rights in respect of their children born out of wedlock. “Until 1998, the unmarried father had obligations to his child under common law, but did not have any inherent rights with regard to the child.” This position changed when they were awarded limited rights in terms of the Natural Fathers of Children Born out of Wedlock Act 86 of 1997.This position has further been developed by the Children’s Act 38 of 2005. Section 21 of the Children’s Act (hereafter the Act) now provides for the acquisition parental rights and responsibilities in respect of unmarried fathers if certain requirements are met.