17/10/2026
When an Unmarried Father Has Automatic Rights
Where the parents are not married, the position is different. An unmarried biological father only acquires automatic parental responsibilities and rights under section 21 of the Children’s Act if all three of the following are met:
At the time of the child’s birth he was living in a life partnership with the mother (a de facto husband-and-wife relationship), or — regardless of cohabitation — he consents to be identified as the father and either applies for a birth-certificate amendment naming him as biological father in terms of the Births and Deaths Registration Act, or pays damages in terms of customary law.
He has contributed (or attempted in good faith) to the child’s upbringing within a reasonable period of the child’s birth.
He has paid or attempted in good faith to pay maintenance for the child.
If any of these criteria is disputed, the question must be referred to mediation before any court application. This is the first formal gate that unmarried fathers encounter, and it is the gate that most contested-father matters fall on. A father who satisfies the criteria (or whose partner concedes that he does) can approach the court directly; one who does not must build the record through mediation and then, if necessary, court.
