Can an unmarried father register a child under his surname?

“I’m the father of a newborn daughter. The mother, to whom I’m not married, disappeared immediately after birth leaving me as sole parent of my daughter. Because I don’t know where the mother is I cannot get the mother’s consent. Without this consent Home Affairs does not want to register my daughter under my surname. I have no idea what to do now. Can you help?”

The good news is you can now register your daughter under your surname! 

Our Constitutional Court in a very recent judgment found that the relevant provisions of the Births and Deaths Registration Act (“the Act”) that did not make provision for a child to receive the surname of their unmarried father without the mother’s involvement, was unconstitutional. 

The Constitutional Court held that the sections of the Act discriminated against both children and their unmarried fathers and that it was not justifiable to distinguish between children born to married parents and children born to unmarried parents in respect of regulating what surname could be given to a child. The court also saw the fact that an unmarried father cannot register the birth of their child with their surname without the mother’s consent or presence as discrimination as compared to the rights that married fathers have to register their children and in turn perpetuated stereotypical gender roles that assumes that the child’s care is inherently the mother’s duty.

This judgment confirms that you as an unmarried father can register your daughter in your name. If Home Affairs continues to refuse to accept such registration it may be prudent to obtain the assistance of an attorney or family law specialist to help you engage with the Department of Home Affairs and enforce your rights as declared by the Constitutional Court.

November 15, 2021
Navigating financial emigration

Navigating financial emigration

In recent years, South Africa has seen a notable rise in financial emigration. This shift comes with significant tax implications, as individuals who cease to be tax residents must navigate complex regulations and financial considerations. Understanding these implications is crucial for anyone considering this move. Financial emigration refers to the formal process by which South African taxpayers alter their tax residency status, change their status with the South African Reserve Bank (SARB) for exchange control purposes and relocate their financial assets to other countries. This often involves transferring wealth, investments, and retirement funds offshore. The South African Revenue Services now mainly oversees this process, allowing individuals to terminate their tax residency in South Africa while effectively transferring their finances overseas.

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