Has the Children's Act 38 of 2005 changed the position of unmarried fathers? Legislative discourse in South Africa

Abstract

South Africa has a high number of unmarried and absentee fathers. Several factors have contributed to this phenomenon. For example, legislation which did not give any unmarried fathers automatic responsibilities and rights concerning their children may have contributed towards the rate of absentee fathers. The new Children's Act, which came into force in 2010, now provides for automatic responsibilities and rights for unmarried fathers who meet certain criteria. An unmarried father who has consented to be identified as the father and who have paid maintenance and cultural damages may now automatically acquire parental responsibilities and rights. This suggests a justified gender imbalance within the Act as still privileging unmarried mothers. There is thus a need for support structures that influence positive father-child relationships, particularly among unmarried fathers.