The Law and You
Frequently Asked Questions

Facts, places and names have been changed in the questions asked on this page to protect the children concerned.

My friend is an unmarried father. Could you please tell me what the status is with regards to access. He needs to know if it is possible to conduct a legal investigation.

My friend last legally had access to his child on its 2nd birthday when he was living with the bmother; they were engaged to be married.

The bmother started living with someone else whom she has subsequently married, and both of them decided that the bfather could no longer see the child. At the time, her father had no rights under the law. He has never stopped wanting to see his child or being part of the child's life.

Apparently the child's stepfather has adopted the child. We would like to confirm that the adoption has actually taken place and when it occurred. Depending on when it took place, the mother could have been underage. If that was the case, we would like to confirm whether her parental consent was required, and that this was obtained.

We would also like to confirm that due process was followed for the adoption.

My friend has seen his child on three occasions in the past few months without the bmother's knowledge. The bgrandmother arranged the visits. Is this technically legal and what are the legal ramifications if the bmother found out?

The child has been told that the stepfather is the real father, and the child has no knowledge of its natural father whatsoever.

Can the child be told that it has a biological father?

If the child requests to see its father, can this be granted?

What is the current legal status and rights for unmarried fathers and for children in this type of situation under South African Law?

I am concerned that the child will find out that it has a biological father without being prepared for it as some time in the future. All its cousins and the rest of the family know the truth. The psychological impact of this knowledge could severely affect the child's own identity and relationships with her family.

We believe that the child should be told now, rather than later. We also believe that the child should be given the choice of seeing the bfather and developing a relationship with him.

We are planning to get married by the end of the year, and having our own children. I do not want my children growing up knowing that they have a half sibling somewhere that they can't see and don't know.

Children innocently trust their parents. My boyfriend's child has a right to the truth. I believe that parents who truly love their children, and care about their well-being do not lie to them.

REPLY:
Submitted by a spokesperson from the Catholic Women's Adoption Society, Johannesburg.(March 1999)

If the child has already been adopted it seems to me there is very little that the biological father can do. The new laws which assist unmarried fathers are apparently not retrospective. Also they are quite complex. They are explained quite well in the article in the recent Fair Lady magazine. (Note: we are waiting for permission from the Editors of the magazine to reproduce the article on this web site. Please bookmark this page for updates.

For the full Act, click here)

In order to find out if an adoption has in fact taken place, the father should contact the Commissioner of Child Welfare in the magisterial district in which the child lives, or the Registrar of Adoptions in Pretoria. If the child has not been adopted he can then attempt to register as her father, and can refuse permission for the adoption.
It does not make any difference what age the mother was at the time of the adoption, as any mother can legally sign consent for her child's adoption.
Is there not any possibility of some negotiation between the biological father and the child's parents about access - if he could discover what social worker did the adoption investigation he could ask her to mediate?
I would regard it as very important that the child know the truth, and that she be assisted by her parents should she want to have contact with her father, but of course there is no legal way to enforce that.

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