father"s rights in respect of his illegitimate child
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father"s rights in respect of his illegitimate child

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Published by The Commission in [Pretoria] .
Written in English



  • South Africa.


  • Illegitimate children -- Legal status, laws, etc. -- South Africa.,
  • Fathers -- Legal status, laws, etc. -- South Africa.,
  • Parent and child -- South Africa.

Book details:

Edition Notes

Other titlesReport on the rights of a father in respect of his illegitimate child
StatementSouth African Law Commission.
SeriesProject ;, 79, Project (South African Law Commission) ;, 79.
LC ClassificationsKTL617 .A24 1994
The Physical Object
Paginationxiv, 91 p. ;
Number of Pages91
ID Numbers
Open LibraryOL889914M
ISBN 100621167061
LC Control Number95179675

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Document Type: Book: All Authors / Contributors: South African Law Commission. ISBN: X OCLC Number: Language Note: Also available under the Afrikaans title: 'n Vader se regte ten opsigte van sy buite-egtelike kind. a father’s parental rights when he has established a substantial relationship with his child. The court found that the existence of a biological link between a child and an unmarried father gives the father the opportunity to establish a substantial relationship, which it defined as the father’s commitment to the responsibilities of.   See also Imami, Huquq-i Madani, p. ; Safa'i et al., Hzcyuq-i Kbanawadih, vol. 2, pp. 3z Art. of the CC after providing that an illegitimate child does not inherit from his father, his mother and their relatives, states that if the unlawfulness of the relationship, from which the child is conceived, is established with respect to Cited by: 1.   The general rule is that children below 7 years old shall remain in the custody of the mother. The law also states that illegitimate children shall be under the parental authority of the mother. Both rules, however, do have exceptions.

protection of a putative father’s parental rights when he has established a substantial relationship with his child. The Court defined a substantial relationship as the existence of a biological link between the child and putative father, and it defi ned the father’s commitment to . An illegitimate child is a child born to parents who are unmarried at the time of birth. Even if the parents get married later, the child is still considered illegitimate. Many states have abandoned the use of the term "illegitimate" due to its negative connotations. Instead, they use the terms "out of wedlock" or "non-marital" children.   A legitimate child is one regarded by law as a child born with full rights and it confers on the child certain rights against the man the law regards as his father and generally against the society. An illegitimate child on the other hand is seen or regarded as a bastard and the beggars belonging to the motley crowd of disreputable social types. UNMARRIED FATHER'S RIGHTS IN SA. Article by listed attorney: Fawzia Khan Provided he satisfies the requirements in the Children’s Act, an unmarried father can obtain automatic parental rights towards his biological child. The rights of an unmarried father came under the spotlight in a case which started out in the courts in England eventually ending up in the Supreme Court of Appeal in South.

How can an illegitimate child improve his/her inheritance rights? Here are four ways an illegitimate child can improve his/her inheritance rights with respect to the parent/s: 1. Legal adoption. By asking your parent to legally adopt you, the relationship between the two of you will become that of a parent to a legitimate child in the eyes of.   Specifically, a father may acknowledge his illegitimate child by executing and submitting any one of the following: Signing the Affidavit of Admission of Paternity (AAP) at the back of the child’s Certificate of Live Birth (COLB) in case the child is born in the Philippines and the Report of Birth (ROB) in case the child is born outside of. • CUSTODY OF A CHILD BORN OUTSIDE WEDLOCK Under the Common law, a mother has a right to the custody of an illegitimate child to the exclusion of the natural father of the child. For a father to be awarded custody in such a circumstance under the common law, he must establish that the mother is unfit to look after the child. Under Muslim law, the father is not bound to maintain his illegitimate child, but Section of the Criminal Procedure Code, , (which ensures that all such unfortunate children are maintained by their fathers except a married daughter) however binds the father to pay for the maintenance of the child.