Abstract
This dissertation critically examines the responsibilities and rights of unmarried fathers in South Africa, focusing on historical and contemporary legal frameworks that shape family law. Central to the analysis is section 21 of the Children's Act 38 of 2005, which governs how an unmarried father obtains full parental responsibilities and rights. The dissertation analyses whether this provision unconstitutionally violates the rights of unmarried fathers by unfairly discriminating them on the grounds of gender, sex, and marital status, therefore, undermining the constitutional principle of the child's best interests. The dissertation explores the challenges umnarried fathers may face in obtaining parental rights within the legal framework, and provides a comparative assessment of similar legal provisions in Ghana, Kenya and Uganda to identify lessons the South African legislature could draw to better align its statutory framework to vindicate the right to equality and the best interests of the child. In addition, the dissertation considers proposed amendments to section 21 of the Children's Act that aim to eliminate discrimination and ensure the legal protection of unmarried fathers. The dissertation contributes to ongoing debates on family law reform in South Africa, arguing to advance legal recognition of unmarried fathers to uphold constitutional rights. By examining judicial interpretations, statutory provisions, and comparative legal approaches, the dissertation seeks to propose nuanced recommendations for legal reform that recognise the evolving nature of family structures in a contemporary South African society.