A child “born out of wedlock” is a child whose parents were not married to each other at the time of the child’s conception or at any time during the mother’s pregnancy or after the birth of the child.
How do I obtain full responsibilities and rights to my child?
You acquire full parental responsibilities and rights in respect of your child if, at the time of your child’s birth, you have been living with the mother in a permanent life-partnership. You can also acquire full parental responsibilities and rights in respect of your child regardless of whether you have lived or are living with the mother of your child if you:
• Consent to be identified or successfully apply to be identified as the child’s father or pay damages in terms of customary law
• Contribute or have attempted in good faith to contribute to your child’s upbringing
• Contribute or have attempted in good faith to contribute towards expenses in connection with the maintenance of your child for a reasonable period.
If you and the child’s mother disagree about the requirements for full responsibilities and rights, you must refer the matter for mediation. Mediation is a voluntary process of structured negotiation that can help two parties in conflict to resolve their differences. Mediation is not a form of counselling. It opens up discussion and helps you work through the different legal issues that may need to be settled.
Mediation is cost effective, less stressful than traditional litigation and saves time. It also helps parties maintain a positive ongoing relationship, especially when children are involved.