Parenting is a journey filled with love, challenges, and a thousand little decisions that shape a child’s life. But when you’re an unmarried parent, there’s often a bit of added uncertainty — especially around legal rights and responsibilities.
In South Africa, the law has come a long way to reflect the reality that families come in all shapes and sizes. Whether you’re co-parenting, in a committed relationship, or raising your child on your own, it’s important to understand where you stand legally — and how to protect what matters most: your child’s well-being.
So, what does the law say?
At the heart of it all is the Children’s Act 38 of 2005. This legislation lays the foundation for how the country recognises and protects children’s rights — and by extension, the rights and responsibilities of their parents.
The Act defines parental responsibilities and rights as four key things:
- Care
- Contact
- Guardianship
- Maintenance
For biological mothers, these rights are automatic from the moment the child is born.
But for unmarried biological fathers, things can be a little more complicated. To gain full parental rights, an unmarried father needs to meet at least one of the following conditions:
- He must have been living with the mother in a committed life partnership at the time of the child’s birth,
or
- He must have contributed — or tried to contribute — to the child’s upbringing and/or financial support.
If these boxes aren’t ticked, don’t worry — a father can still apply to the court for parental rights. The court will always consider what’s best for the child when making that decision.
Why formalise it?
It’s tempting to rely on verbal agreements or informal arrangements — especially when co-parenting relationships are amicable. But here’s the thing: without a legally recognised agreement, you could hit a wall when it comes to big decisions.
Think about school enrolment, medical procedures, applying for a passport, or even something as simple as giving consent for a school outing — all of these require input from a legal guardian.
Formalising parental responsibilities isn’t about red tape. It’s about protecting your child’s future, easing everyday decisions, and preventing conflict down the road. It also plays a vital role in:
- Resolving disputes: If disagreements arise or the parenting arrangement changes, you’ve got something solid to fall back on.
- Estate planning: If something happens to one parent, recognised parental rights can make guardianship and inheritance decisions much clearer and smoother.
Why this matters now more than ever
The numbers say it all. According to Statistics South Africa’s General Household Survey (2021):
- More than 60% of children live in households where one biological parent is absent.
- Only about one-third of children live with both biological parents.
That means co-parenting, blended families, and single-parent households aren’t the exception — they’re the norm. And yet, many of these families still don’t have the legal protections they deserve.
What about adoption and same-sex families?
South Africa is often seen as a trailblazer when it comes to inclusive family law. Back in 2002, the landmark case Du Toit v Minister for Welfare and Population Development paved the way for same-sex couples to adopt children together — long before many other countries caught up.
Today, the Children’s Act allows for adoption not only by married couples but also by partners in a permanent life partnership, regardless of gender or sexual orientation. This has opened the door for more families to provide loving, stable homes for children — and that’s something worth celebrating.
Whether you’re co-parenting, raising your child alone, or part of a non-traditional family, knowing your rights — and formalising them — gives you peace of mind. It’s not just about what the law says, it’s about making sure your child is cared for, protected, and supported in every way possible.
At Shapiro & Haasbroek Inc., we work with families of all kinds to help them navigate the legal landscape with confidence. If you’re unsure about your rights or just want to make sure everything is in order, we’re here to help.
