Single Parenthood Your Legal ABCs

Know your rights as a parent and make single parenting a lot less stressful

WITH ITS PRACTITIONERS dressed in billowing black togas and its piles of paperwork and archaic terms, the law can be scary. When it may impact your role as a single parent, it may even be terrifying.

But it does not have to be. Your desire to ensure the well-being of your child is at least one thing you may have in common with the law.

The Children’s Act 38 of 2005 specifically prescribes that your child’s “best interest is of paramount importance” (Section 7) in all matters concerning their care, protection, and well-being.

Safeguarding your child’s best interests is not always easy, but learning your legal ABCs will help. As it has an effect on your baby from their first breath, all parents should have at least a basic understanding of family law.

If parents are unmarried, a baby is registered under the mother’s surname, unless both parents jointly request in writing that the father’s surname be used

AFTER YOUR BABY’S BIRTH

Within 30 days of a baby’s birth, you have to give notice to the Director of Home Affairs in terms of the Births and Death Registration Act 51 of 1992. A birth certificate will then be issued.

If you’re married (same- or opposite-sex marriage), notice is given under either or both parents’ surnames (or a double-barrelled one).

If parents are unmarried, a baby is registered under the mother’s surname, unless both parents jointly ask, in writing, that Dad’s surname be used.

An unmarried father needs to obtain the mother’s consent to register the baby under his name. Should a mother refuse or be unable to give the consent, a father may apply to a court for a declaratory order in respect of his paternity, in terms of Section 26 of the Children’s Act.

THE RIGHTS AND DUTIES OF UNMARRIED FATHERS