Question posted in the Family Law category relating to Western Cape
I happen to think that I am a father to a newly born baby that is born out of wedlock, the reason why I am sceptical about my paternity relations with the baby is because the mother of the baby is refusing to have me recognised in the birth certificate of the baby and she does not want to acknowledge the names I have given the baby in the birth certificate of the baby. The baby was born while I was still involved in a relationship with the mother and we were living together, I have accepted the baby as mine and I have in good faith contributed towards the mantainance of the baby since before the baby was born. I did not pay damages according to customary law, I have nonetheless given the mother over R8000 as money for urgent needs of the baby and I have also bought medication, clothes and napkins for the baby from my own pocket.
I have requested from the mother that we perform a paternity test at a reputable and credible institution of our mutual agreement and she has refused. Now I need assistance from the courts to help me perform a paternity test so that I can ascertain whether the baby is mine or not. Where do I start? Please help. If the results come back saying the baby is mine I then want to have equal parental rights and responsibilities with the mother of the baby because the baby equally belongs to the mother and father.
Answer to the Question
I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.
What you need to do is to go to the Magistrates Court and apply for access rights to the child. The mother will then be forced to admit that the child is yours, or deny that the child is yours. If she denies, then you would ask the Magistrate to ORDER her to submit to DNA testing so that you can find out, for sure, if you are the father.
Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.