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      Notes on the Proposed Amendment of Section 21 of the Children's Act 38 of 2005

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          Abstract

          In terms of section 21 of the Children's Act 38 of 2005, an unmarried father acquires full parental responsibilities and rights in respect of his child if he lives with the child's mother in a permanent life-partnership when the child is born. He also acquires full parental responsibilities and rights if, regardless of whether or not he has ever lived with the child's mother, he consents or successfully applies to be identified as the child's father or pays damages in terms of customary law, and contributes or attempts in good faith to contribute to the child's upbringing and maintenance for a reasonable period. Several provisions of section 21 are unclear and/or unsatisfactory. The draft Children's Amendment Bill, 2018 seeks to address problematic aspects of the section. Unfortunately, the proposed amendments to section 21 leave one disappointed. Although some of the amendments are welcome, the draft Bill fails to address several of the uncertainties flowing from the current wording of section 21 and even creates additional uncertainties. The wording of many of the amendments has not been properly thought through, and the draft Bill fails to address the key question of whether the requirements in section 21(1)(b) operate conjunctively or independently.

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          "The Constitutionality of a Biological Father's Recognition as a Parent"

          A. Louw (2010)
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            "Revolutionary Changes to the Parent-Child Relationship in South Africa: End of the Revolution for the 'Unmarried Father'?"

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              "The Potential Effects of the Legalisation of Baby Safes and Anonymous Birth on the Parental Responsibilities and Rights of Unmarried Fathers in South Africa"

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                Author and article information

                Contributors
                Role: ND
                Journal
                pelj
                PER: Potchefstroomse Elektroniese Regsblad
                PER
                North-West University (Potchefstroom Campus) (Potchefstroom, North-West Province, South Africa )
                1727-3781
                2019
                : 22
                : 1
                : 1-21
                Affiliations
                [01] orgnameUniversity of South Africa heatoj@ 123456unisa.ac.za
                Article
                S1727-37812019000100035
                10.17159/1727-3781/2019/v22i0a5974
                d30ec8d9-9abe-49ab-bc7e-6f327ab0927a

                This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

                History
                : 17 July 2019
                : 30 April 2019
                : 24 January 2019
                Page count
                Figures: 0, Tables: 0, Equations: 0, References: 27, Pages: 21
                Product

                SciELO South Africa


                unmarried father,Child law,acquisition of parental responsibilities and rights

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