Specialists in Civil Litigation, Family Law, Corporate and Commercial Law, Estate Planning & Insolvency.
A biological mother has full parental rights and responsibilities if she gives birth to a child. According to the Children’s Act, 38 of 2005, parental rights and responsibilities are the rights that a parent has to take care of, contact and contribute to the financial maintenance of the child.
Unfortunately, many mothers find themselves in a position where caring for a child on their own becomes difficult financially and physically without the assistance of the other parent. In a situation where a mother requires the aid of the biological father in raising and contributing financially to the child’s upbringing, whether the couple was married or not, the law is on the mother’s side.
Rights and Responsibilities
Whether married, separated or unmarried, a biological mother has full parental rights and responsibilities of her child. Full parental rights and responsibilities mean they are entitled to all the rights stipulated in the Children’s Act 38 of 2005. The child’s well-being and interests are paramount. If you were in a relationship and lived together with the child’s conception and birth, you have the legal backing to expect his support.
Right to Expect Financial Support
To be married, separated or unmarried to the biological father of your child does not render him exempt from the responsibilities of a parent. You, as the mother, has the right to expect financial support from him for his child, even though he might not want to be involved in the child’s life. By going to the Court to demand his support, be assured of your rights. The Children’s Act 38 of 2005 stipulates a mother’s rights, and the Court will at all times ensure the child’s best interests are paramount.
Equal Parental Rights and Responsibilities
Although The Children’s Act provides unmarried fathers and mothers equal parental rights and responsibilities, mothers have a distinct advantage in the child’s primary residence and permanent living.
Guardianship of the Child
A mother has the right to expect the biological father of their minor child to support and assist her when making legal, educational and medical decisions on their behalf. Making important decisions for a minor child that might impact their later life is very daunting for a parent, and she needs the backing of the other parent to ensure they make the right decisions.
Termination of Child Contact
When a mother has evidence that it will be in the child’s best interest not to contact the father, she can terminate the father’s parental rights through the Courts. She will, however, need the advice and guidance of an experienced lawyer to help her through this type of emotional experience.
