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The law states that the mother of a child must give her consent for it to register in the name of the single father.
FILE: Chief Justice Mogoeng Mogoeng. Image: EWN
JOHANNESBURG – A ruling has been reserved in the Constitutional Court in the case that seeks to grant single parents the right to register the births of their children without the mother’s consent.
Currently, section 10 of the Birth and Death Registration Act prohibits an unmarried man from obtaining a birth certificate for his son or daughter without the consent of the child’s mother.
It also states that a child born to an unmarried couple automatically receives the mother’s surname.
The Center for Children’s Law said that children who were not registered in Internal Affairs soon after birth are often deprived of basic rights and services.
The law states that the mother of a child must give her consent for it to register in the name of the single father.
However, in some cases, the mother may be deceased, absent, undocumented, or cannot be located.
But Chief Justice Mogoeng Mogoeng has a number of concerns, one of which is that without the right checks and balances, he could open the door to child trafficking.
“It is not just savage discrimination, we want to make sure that whoever claims to be the father is the father, otherwise, we will easily get children with parents who leave the country with them and do what they want to do with them.” “
Suggestions have been made that could solve this problem to make sure the controls are in place, one is a DNA test and the other involves credible family confirmation of the parent’s relationship with a child.
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