Court delivers good news for single fathers via TheCitizen_News
The Eastern Cape high court’s declaration that certain sections of the Births and Death Registration Act are unconstitutional and invalid means single fathers can finally register their children without permission from their mothers.
The Eastern Cape High Court this week delivered a landmark judgment declaring part of the Births and Death Registration Act unconstitutional and invalid. In its current form, section 10 of the act only provides for a child born out of wedlock to be registered under his or her father’s name at the joint request of both parents or with the written consent of the child’s mother.
“This directly violates the affected father’s right to equality … and is tantamount to unlawfully discriminating against him,” the judge said. “By extension, the bar has the effect of denying children with a legitimate claim to a nationality from birth a birth certificate; and in this manner it discriminates against children born to unmarried fathers on grounds that are arbitrary.”
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