FATHERS OF CHILDREN BORN OUT OF WEDLOCK ACT, 1997

Issued by: Department of Justice

COMMENCEMENT OF THE NATURAL FATHERS OF CHILDREN BORN OUT OF WEDLOCK ACT, 1997 (ACT 86 OF 1997)

Another step in promoting the rights embodied in our Constitution has been taken with the implementation of the Natural Fathers of Children Born out of Wedlock Act, 1997 (Act 86 of 1997) (the Act) on 4 September 1998. The Act enables a natural father of a child born out of wedlock to gain access to and custody and guardianship of his child. In terms of section 6 of the Act, such fathers must be notified of any intended adoption of his child.

This Act has come into operation with the exclusion of section 6. Section 6 will soon be repealed, and will then be included in the proposed Adoption Matters Amendment Act, which has to be enacted before 4 February 1999.

In order to appropriately deal with the matter and to ensure that natural fathers are informed of any intended adoption of their children, officers of the children's courts were instructed, in the interim, to give notice of such adoption to natural fathers if their particulars are known.

It is our belief that this Act, together with the yet to be enacted section 6, will result in a more fair dispensation for fathers of children born out of wedlock

ISSUED BY THE CHIEF DIRECTORATE: COMMUNICATIONS SERVICES OF THE DEPARTMENT OF JUSTICE

07 SEPTEMBER 1998 PRETORIA

ENQUIRIES: Rasiga Naicker Tel: (012) 323 9302 x 2189