I happen to think that I am a father to ...

Asked by Phuthehang on 11-07-2021 22:01:12
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

Posted by Att. Patrick on 12-07-2021 12:05:45

Hi there,

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.

Att. Patrick 

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.

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not SA Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.