Direct Answer
Under Section 21 of the Children's Act 38 of 2005, an unmarried father acquires full parental rights and responsibilities if he was living with the mother in a permanent life partnership at birth, or if he consented to paternity, contributes to maintenance, and has requested parental responsibilities.
What the Law Says
Your Legal Foundation
Children's Act 38 of 2005
Section 21
“An unmarried father has full parental rights and responsibilities if he: was in a permanent life partnership with the mother at the time of birth; or — he consented to being identified as the father on the birth certificate, contributes to maintenance, and has requested co-parenting responsibilities.”
Children's Act 38 of 2005
Section 25
“Any person having parental responsibilities and rights may apply to court for a parenting plan if parental rights are being withheld or disputed.”
Common Questions
Frequently Asked Questions
Can an unmarried mother deny a father access to his child?
Not if the father has established parental rights under s21. Denying a parent with parental rights access is contempt of court if a court order exists, or gives grounds for a Children's Court application.
Does paying maintenance give me automatic parental rights?
Maintenance is one of the factors considered under s21. By itself it may not be sufficient — you also need to have consented to paternity and have requested parental responsibilities.
Can a father get custody of his child in South Africa?
Yes. Courts apply the child's best interests as the paramount consideration — gender is not a deciding factor. Fathers can obtain primary care (custody) if it best serves the child.
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