This dissertation looks at the position of the unmarried father in South Africa with regard to obtaining access to his illegitimate child. The writer has focused on three distinct eras in South African family law: the position of unmarried fathers in terms of: the common law; Natural Fathers of Children Born out of Wedlock Act; and the Children's Act. The writer has further focused on a case study. This is to emphasis the difficulty which unmarried fathers have when attempting to go through the courts to have access to his child. In terms of South African common law, fathers of illegitimate children did not have any form of parental authority over the child. The mothers of illegitimate children have full parental authority over such children. Access in terms of South African common-law is seen as an incident of parental authority. Unmarried fathers nevertheless had the right to approach the high court to obtain access to their children, if the mother of the child refuses to allow the father to have such access. In the late 1980's and early 1990's, there was an overwhelming amount of applications brought by unmarried fathers in the high courts so as to obtain access to their illegitimate children. The case of Van Erk v Holmer 1992 (2) SA 636 (W) sparked victory for unmarried fathers when the learned judge held that all unmarried fathers of children have an inherent right of access to their children. This victory was short-lived. Subsequent case law and in particular the case of B v S 1995 (3) SA 571 (A) enforced the common law and held that unmarried fathers do not have an automatic right to their illegitimate children and that such fathers will have to apply to the high court for such access. Due to the increase in litigation in the late 1980's and early 1990's regarding a father's access to his child born out of wedlock the Natural Fathers of Children Born out of Wedlock Act commenced on 4 September 1998. The South African legislature adopted the approach taken in the case of B v S 1995 (3) SA 571 (A) and rejected the approach taken in the case of Van Erk v Holmer 1992 (2) SA 636 (W) ie the common law continued to remain the approach taken in South Africa. Legislators recognised that the approach taken in the Natural Fathers of Children Born out of Wedlock Act does not conform to the provisions of the African Charter of the Rights and the Welfare of the Child, the United Nations Convention on the Rights of the Child and equality and dignity provisions of the Constitution of the Republic of South Africa. On 19 June 2006, the Children's Act was effected and will commence once promulgated in the Government Gazette. The writer then determines whether the Children's Act has in practice changed the position of the unmarried father. / JURISPRUDENCE / LLM

The study examines the occurrence of children born out of wedlock in four parishes belonging to the current Karlskrona municipality during the period 1875–1925. The parishes surveyed are Fridlevstad, Rödeby, Tving and Karlskrona city-parish. The period is divided into two parts where the first includes the years 1875–1890 and the second part includes the years 1910–1925. The proportion of children with unknown/known fathers, the mothers' occupations, the fathers' occupations, and the mothers' age are also used as survey variables. The proportion of known fathers increases significantly between the study periods, which could be explained by a reduced internal social control, while the study shows that the introduction of a child welfare officer in 1918 resulted in an increased proportion of known fathers. The mothers' occupational designations change between the periods, for example, the proportion of maids decreases while other occupations are added. In the city-parish, professions such as washerwoman and waitress are added during the second period. The proportion of women working in the industry also increases between the survey periods. The increased proportion of professions, especially in the city-parish, could be linked to the demographic transition. As more people settle in a city, new needs emerge and thus also new occupational categories. The age of the mothers decreases between the study periods. When it comes to class affiliation, it can be noted that most of the fathers and mothers belonged to the working class. However, the proportion of fathers belonging to the middle class was higher than the proportion of mothers belonging to the middle class.