Single parenthood in South Africa
According to research conducted by the Human Sciences Research Council (HSRC) and the South African Race Relations Institute (SARRI), sixty percent of SA children have absent fathers, and more than 40 percent of South African mothers are a single parent. Single parents need to know their rights and their obligations, especially when it comes to maintenance payments. This applies especially to single fathers, as they are more likely to be the non-custodial parent.
Children’s Act and parental rights
Prior to 2007, when the Children’s Act of 2005 came into force, an unmarried father did not have parental rights and responsibilities in respect of his child/ren. In order to secure those rights, he would have to approach a court. The Children’s Act seeks to align the rights of children with the Constitution. One critical component of the Act is the definition of parental responsibilities and rights.
The Children’s Act defines parental rights and responsibilities as four discrete activities. They are:
- To care for the child
- To maintain contact with the child
- To act as guardian of the child
- To contribute to the maintenance of the child
Rights of an unmarried father
The Children’s Act recognises that children need both parents, whether married or not, and it seeks to grant parental rights to unmarried dads without too much complexity. An unmarried biological father automatically acquires full parental responsibilities if, when the child is born, he and the mother are living together as life partners, OR if he is not living with the mother, he satisfies these conditions:
- He consents to being or applies to be identified as the child’s father, or he pays damages in terms of customary law
- He contributes or has attempted to contribute to the child’s upbringing and towards expenses in connection with the maintenance of the child for a reasonable period
Responsibilities
Both parents, whether married or not, are responsible for supporting their child. This includes paying school fees, welfare, maintenance and taking care of any medical expenses. Unmarried parents are encouraged to put an agreement in writing covering arrangements regarding their children. Whatever is agreed upon should be in the best interests of the child.
If you need help to realise your rights
If you need help to enjoy your full parental rights and responsibilities, call family lawyer Simon on 086 099 5146 or email sdippenaar@sdlaw.co.za. We believe it is in the best interests of the child to have a healthy relationship with both parents and we will help you achieve that.
Contact family attorney SD Law for help with child care and contact after divorce.