The court may. on application by the natural father, award any of those rights to him if ~he court finds that to be in the best interests of the child. The Commission recommends that the natural father of a child born out of wedlock should be empowered expressly and unambiguously to approach the court for relief in regard to access to and custody and guardianship of his child born out of wedlock, be it only to establish legal certainty.
3. In connection with custody and guardianship. the Commission recommends that a court should be empowered, on application by the natural father of a child born out of wedlock. to make an order granting such father custody or guardianship of the child.
4. The Commission further recommends that a court should be empowered. on application by the natural father of a child born out of wedlock. to make an order whereby access rights to the child are granted to the father on the conditions determined by the court.
The Commission’s recommendations are contained in clause 2. The said clause further provides that the court shall not make such an order unless it is satisfied that it is in the best interests of the child and, until the court. if an enquiry is instituted by the Family Advocate, has considered the report and recommendations of the Family Advocate. in the proposed clause 2(4) guidelines are set out which the court should consider in evaluating the best interests of the child.
5. Clause 3 seeks to make provision for the powers and duties of a Family Advocate which. inter alia. include the obligation to institute an enquiry. if so requested by a party to the proceedings or the court. in order to furnish the court with a report and recommendations on any matter pertaining to the welfare of the child concerned.
6. Clause 4 purports to provide for the rescission. suspension or variation of orders made by a court. Provision is further made that a court other than the court which made the original order may. in certain circumstances, rescind, vary or suspend such order.
7. Clause 5 purports to limit the publishing of particulars of applications made under the Bill and enquiries by the Family Advocate in terms of the Bill.
8. Clause 6 purports to provide for the notification of natural fathers of children born out of wedlock of any intended adoption of their children.
9. Clause 7 provides for transitional arrangements pertaining to regulations made under the Mediation in Certain Divorce Matters Act, 1987 (Act No. 24 of 1987).
10. Clauses 8, 9 and 10 propose to amend the last-mentioned Act. so as to effect certain consequential amendments and to extend the Minister of Justice’s power to make regulations regarding enquiries undertaken by the Family Advocate in terms of the provisions of the Bill as well.
11. In clause 11 an amendment of the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992). is proposed in order to provide, inter alia, that the written consent of the natural father of a child born out of wedlock is required to change the child”s surname if the child is a minor and was registered under the father’s surname. The Department of Home Affairs was consulted on this clause.
12. In the opinion of the Department and the State Law Adviser this Bill should be dealt with in terms of section 75 of the Constitution. 1996.
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3. In connection with custody and guardianship. the Commission recommends that a court should be empowered, on application by the natural father of a child born out of wedlock. to make an order granting such father custody or guardianship of the child.
4. The Commission further recommends that a court should be empowered. on application by the natural father of a child born out of wedlock. to make an order whereby access rights to the child are granted to the father on the conditions determined by the court.
The Commission’s recommendations are contained in clause 2. The said clause further provides that the court shall not make such an order unless it is satisfied that it is in the best interests of the child and, until the court. if an enquiry is instituted by the Family Advocate, has considered the report and recommendations of the Family Advocate. in the proposed clause 2(4) guidelines are set out which the court should consider in evaluating the best interests of the child.
5. Clause 3 seeks to make provision for the powers and duties of a Family Advocate which. inter alia. include the obligation to institute an enquiry. if so requested by a party to the proceedings or the court. in order to furnish the court with a report and recommendations on any matter pertaining to the welfare of the child concerned.
6. Clause 4 purports to provide for the rescission. suspension or variation of orders made by a court. Provision is further made that a court other than the court which made the original order may. in certain circumstances, rescind, vary or suspend such order.
7. Clause 5 purports to limit the publishing of particulars of applications made under the Bill and enquiries by the Family Advocate in terms of the Bill.
8. Clause 6 purports to provide for the notification of natural fathers of children born out of wedlock of any intended adoption of their children.
9. Clause 7 provides for transitional arrangements pertaining to regulations made under the Mediation in Certain Divorce Matters Act, 1987 (Act No. 24 of 1987).
10. Clauses 8, 9 and 10 propose to amend the last-mentioned Act. so as to effect certain consequential amendments and to extend the Minister of Justice’s power to make regulations regarding enquiries undertaken by the Family Advocate in terms of the provisions of the Bill as well.
11. In clause 11 an amendment of the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992). is proposed in order to provide, inter alia, that the written consent of the natural father of a child born out of wedlock is required to change the child”s surname if the child is a minor and was registered under the father’s surname. The Department of Home Affairs was consulted on this clause.
12. In the opinion of the Department and the State Law Adviser this Bill should be dealt with in terms of section 75 of the Constitution. 1996.
The rest is at: www.info.gov.za/view/DownloadFileAction?id=71790 -
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