Parental responsibilities and rights of unmarried fathers: court decisions and implications for social workers

The Children's Act 38 of 2005 provides for acquisition of parental responsibilities and rights by unmarried fathers. It also allows for suspension, restriction or termination of these responsibilities and rights. Social workers are sometimes expected to make recommendations to courts, but the Act offers little guidance on processes and situations in which suspension or restriction, as opposed to termination, should be preferred in the best interests of children. Based on some South African and foreign court judgements in which these aspects have been considered and illuminated, this article analyses the implications for social workers.