what are unmarried father rights of an u...

Asked by SK on 08-08-2021 16:31:02
Question posted in the Family Law category relating to Gauteng

what are unmarried father rights of an unborn child if the mother is declared brain dead and he is not her next of kin

Answer to the Question

Posted by Att. Patrick on 09-08-2021 13:00:19

Hi there,

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It doesn't matter that the father is not the mother's next of kin. What matters is that he is the child's father. So, he would have rights to the child, and decisions pertaining to the child once the child has been born. 

The mother's parents (or next of kin) have the rights to make medical decisions for the mother while she is alive, albeit brain dead.

Att. Patrick 

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