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Children's Act, 2005 (Act No. 38 of 2005)

Chapter 3 : Parental Responsibilities and Rights

Part 1 : Acquisition and loss of parental responsibilities and rights

26. Person claiming paternity


(1) A person who is not married to the mother of a child and who is or claims to be the biological father of the child may—
(a) apply for an amendment to be effected to the registration of birth of the child in terms of section 11(4) of the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992), identifying him as the father of the child, if the mother consents to such amendment; or
(b) apply to a court for an order confirming his paternity of the child, if the mother—
(i) refuses to consent to such amendment;
(ii) is incompetent to give consent due to mental illness;
(iii) cannot be located; or
(iv) is deceased.


(2) This section does not apply to—
(a) the biological father of a child conceived through the rape of or incest with the child’s mother; or
(b) any person who is biologically related to a child by reason only of being a gamete donor for purposes of artificial fertilisation.