A LOOK INTO THE RIGHTS OF UNMARRIED FATHERS AS WE OBSERVE INTERNATIONAL DAY OF FAMILIES

By Phetoho Maja

• Unmarried fathers have legal rights under the Children’s Act of 2005, provided they meet certain conditions such as joint birth registration or a court application.
• Support is available through the Gauteng Department of Social Development, which offers mediation via its Family Preservation Programme.
• The 2024 International Day of Families emphasises family-oriented policies and the shared responsibility of government, civil society, and the private sector in building resilient families.

Many families in South Africa are experiencing significant difficulties that hinder their capacity to maintain stability. A particular issue is the restricted access some fathers have to their children, which is influenced by cultural practices requiring payment of damages after 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,” says 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 annually celebrates this day to promote stable, healthy families, viewing them as the cornerstone of strong societies and the global community.

Building strong families is a shared responsibility of government, private sector, non-profits, 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.