• The Kaplan Team

THOUGHT OF THE WEEK Unmarried father wins right for son to carry his name

Updated: Apr 7, 2020

Last month, the Durban High Court granted a father the right to insist that his particulars are inserted on the birth certificate of his five-year-old son, born out of wedlock. The facts showed that the father was devoted to his son and committed to playing a meaningful role in his life. The Court has a duty to determine what is in the best interests of the child. The Judge found that “a name is an important aspect of identity and personality”. Judge Jacqui Henriques ordered that the child’s surname must be double-barrelled on the birth certificate to give recognition to both his birth names. She stated ‘the alteration of his name can only be in the best interests of the child... a double-barrelled surname recognising both parents and their commitment to him can hardly be said not to be in his best interests.’

This is an important step forward in broadening the rights of unmarried fathers.


Contact KAPLAN BLUMBERG should you require assistance in this regard.



2 views0 comments

Recent Posts

See All

DISCLAIMER:

This article is not intended to constitute legal advice and is produced for information purposes only and to provide a general understanding of the legal position relating to the topic. It is recommended that advice relating to the specific circumstances of your situation be sought from our attorneys before acting upon the content of this article. This article was written at a particular point in time and accordingly may not always reflect the most recent legal developments, if any, applicable to the relevant topic. Kaplan Blumberg and its partners and/or employees, are not responsible for any consequences which may follow upon any decision taken to act upon the information provided in this article.