Unmarried father may register child under his surname without mother’s consent
The Centre for Child Law argued that it was unconstitutional to prohibit an unmarried father from registering his child’s birth under his surname at home affairs if the child’s mother is not present.
An argument was presented before the court that a married father can be trusted without further ado, but an unmarried one automatically arouses suspicion. A father who conceives a child after having sex with the mother only once or a few times in an informal relationship, or a rapist who has developed a “curious interest” in the child he has conceived, falls into the category of unmarried fathers.These factors are strong warning signs against the proposed action to relax the critical safety measures in the legislation.
Marriage is a centuries-old institution from which binding legal, moral and societal duties arise. Marriage and family are vital institutions that have a profoundly beneficial role in the education of a child.
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