Parental responsibilities and rights of unmarried fathers
21. (1) The biological father of a child who does not have parental responsibilities and 10
rights in respect of the child in terms of section 20, acquires full parental responsibilities
and rights in respect of the child-
(a) if at the time of the child’s birth he is living with the mother in a permanent
life-partnership; or
(b) if he, regardless of whether he has lived or is living with the mother-
(i) consents to be identified or successfully applies in terms of section 26 to
be identified as the child’s father or pays damages in terms of customary
law;
(ii) contributes or has attempted in good faith to contribute to the child’s
(iii) contributes or has attempted in good faith to contribute towards expenses
in connection with the maintenance of the child for a reasonable period.
(2) This section does not affect the duty of a father to contribute towards the
(3) (a) If there is a dispute between the biological father referred to in subsection (1) 25
15
upbringing for a reasonable period; and 20
maintenance of the child.
and the biological mother of a child with regard to the fulfilment by that father of the
conditions set out in subsection (l)(a) or (b), the matter must be referred for mediation
to a family advocate, social worker, social service professional or other suitably
qualified person.
a court.
commencement of this Act.
Parental responsibilities and rights agreements
(b) Any party to the mediation may have the outcome of the mediation reviewed by 30
(4) This section applies regardless of whether the child was born before or after the
commencement of this Act.