Q Does a father have any rights in respect of his children born out of wedlock??

 

Section 21 of the Children’s Act provides that a father acquires full parental responsibilities and rights in respect of a child born out of wedlock if:

  • He is in a permanent relationship and living with the mother when the child is born; or
  • He consents to be identified as the biological father of the child; or
  • He contributes to the child’s upbringing for a reasonable time; and
  • He contributes or has attempted to contribute to the expenses of the child.

Section 18 of the Children’s Act states that parental rights and responsibilities include:

  • To care for the child;
  • To maintain contact with the child;
  • To act as guardian of the child; and
  • To contribute to the maintenance of the child.

A father must always pay maintenance for his child, regardless of whether or not he has parental responsibilities and rights.

Posted in: Family Law