The general responsibilities and rights of an unmarried father in terms of the Children’s Act 38 of 2005

Abstract

This thesis explores the impact of the new Children’s Act, Act 38 of 2005 on the acquisition by unmarried fathers of parental responsibilities and rights. The research has shown that the Children’s Act has fundamentally transformed the way in which parental responsibilities and rights are acquired. Parental responsibilities and rights can now be automatically acquired by a committed unmarried father. Although the Act has undergone major changes, unmarried fathers must still satisfy many more requirements than mothers, and thus it is asserted that the Act is deemed not to have been progressive enough. Granting full parental responsibilities and rights to both parents, based on their biological link to the child, would meet the constitutional demands of sex and gender equality. This would also place the focus on the child, and the best interests of the child. The importance in securing these best interests that the presence of both parents has in the life of the child is emphasised.