The constitutionality of a biological father's recognition as a parent

Abstract

Despite the increased recognition of the beneficial role that fathers can play in the lives of their children by allowing not only married fathers, but also some unmarried fathers automatic parental responsibilities and rights, the new Children's Act has retained the status quo to the extent that it still does not confer automatic, inherent parental rights on biological fathers on the same basis as mothers. This contribution aims to ascertain whether the continued differential treatment, regarding the initial allocation of parental responsibilities and rights, can be justified in view of international trends emphasising the importance of the role of both parents in the upbringing of their children.