A look into the rights of unmarried fathers

Many families in South Africa are in crisis and face a number of challenges that negatively impact their ability to sustain themselves. One such challenge is the limited access some fathers have to their children due to the cultural practice of paying damages following the birth of a child.

It must be noted that the well-being of the family is of critical importance to the overall functioning of society. Any breakdown in the family’s ability to function and provide care increases the vulnerability of its members.

As we observe the International Day of Families on May 15, it is important to consider how the law protects unmarried fathers. In South Africa, unmarried fathers have specific legal rights and responsibilities under the Children’s Act of 2005, which allows them to acquire parental rights and responsibilities if certain conditions are met.

According to an article by Scholtz Attorneys in Roodepoort, to acquire parental rights, an unmarried father must register the child’s birth jointly with the mother or apply for parental responsibilities and rights through a court order.

“It is crucial for unmarried fathers to establish their commitment to the child’s well-being by demonstrating active involvement in their upbringing, including financial and emotional support. In cases where the mother disputes the father’s involvement, legal assistance becomes essential to navigate the process and protect the father’s rights,” say Scholtz Attorneys.

The Gauteng Department of Social Development, through its Family Preservation Programme, seeks to assist unmarried fathers in obtaining full responsibilities and rights to their children by providing mediation. The Department uses a unique, multi-tiered, and managed process that is simple, innovative, and integrates seamlessly with the court system.

The United Nations officially declared the International Day of Families (IDF) in 1994 in response to changing economic and social structures that affect the stability and composition of family units in many parts of the world. The purpose of the observance is to raise awareness of the critical role of parenting and fatherhood programmes in building strong, resilient families and addressing social challenges such as substance abuse, violence, and intergenerational trauma.

This important milestone, observed annually, reflects the significance that the global community places on families as the primary units of society. The theme for the 2024 IDF is: "Family-Oriented Policies for Sustainable Development: Building Resilient Families."

The Gauteng Department of Social Development celebrates this day annually to promote stable, healthy families, the heart of strong societies, as it regards the family as a microcosm of the global community.

It is also important to understand that building strong families is not only the responsibility of government, but also of other stakeholders, such as the private sector, non-profit organisations, and faith-based institutions. There is, therefore, a need to prioritise family issues, rights, and concerns through both formal and informal efforts by governments in cooperation with the private sector and NPOs.

Phetoho Maja is a Senior Communications Officer, Department of Social Development