This thesis explores the impact of the new Children’s Act, Act 38 of 2005 on the
acquisition by unmarried fathers of parental responsibilities and rights. The research
has shown that the Children’s Act has fundamentally transformed the way in which
parental responsibilities and rights are acquired.
Parental responsibilities and rights can now be automatically acquired by a
committed unmarried father. Although the Act has undergone major changes,
unmarried fathers must still satisfy many more requirements than mothers, and thus
it is asserted that the Act is deemed not to have been progressive enough.
Granting full parental responsibilities and rights to both parents, based on their
biological link to the child, would meet the constitutional demands of sex and gender
equality. This would also place the focus on the child, and the best interests of the
child. The importance in securing these best interests that the presence of both
parents has in the life of the child is emphasised. / Thesis (LL.M. (Comparative Child Law))--North-West University, Potchefstroom Campus, 2011
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:nwu/oai:dspace.nwu.ac.za:10394/8423 |
| Date | January 2011 |
| Creators | Scheepers, Chanéll |
| Publisher | North-West University |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
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