POLOKWANE – The rights of unmarried fathers in relation to their children are not spoken of widely in society and Limpopo-based attorney Isaac Moselana believes a notion has been cemented in society to suggest that unmarried mothers have more rights than fathers.
“This notion is false, destructive and at best, not in the interest of the minor child or children. Parents, married or not have equal rights and responsibilities towards their child or children,” he told the Polokwane Review.
Moselana said the Children’s Act 38 of 2005 states that an unmarried father has options in order to have rights recognised as the father of a minor child(ren).
“Section 26 (1) (a) states that a person who is not married to the mother of a child and who is or claims to be the biological father may apply for an amendment to be effected to the registration of birth of the child, identifying him as the father of the child, if the mother consents to such amendment”.
Moselana said this means a father’s details can be included on the child’s birth certificate when an application is processed with Home Affairs, provided the mother gives consent.
Moselana says the question of consent is also debatable and not entirely reliant on what a mother decides because the law makes provisions for a father to pursue.
“Subsection (b) states that if she refuses to give consent or for any other reason, she is unable to consent, you can apply to a court of law for an order confirming that you are the father of the child. At this point, we start to understand how many of the so-called ‘dead beats’ have no excuse not to fight for recognition as the fathers of their children. Even if you are unemployed or cannot afford the services of an attorney, you can still visit the offices of Legal Aid South Africa for assistance. So, you have no excuse,” he said.
On the right to see a child, Moselana says the office of the family advocate can assist and that the father must visit and explain his story then request assistance.
“He will be required to fill a form which they will use with other documents to invite the mother to institute an inquiry in order to make a determination. If parents reach an agreement, the Family Advocate will then help draft a parenting plan or responsibilities and rights agreement which can be registered and made an order of the court. If they don’t reach an agreement, the advocate will compile a report for the court and make a recommendation based on the inquiry conducted.”
“In the end, the best interest of a child must prevail,” Moselana said.
