oa Comparative and International Law Journal of Southern Africa - Should the consent of the father of an illegitimate child be required for the child's adoption? A suggestion for the reform of South African law
South African law affords no special protection whatsoever to the father of an illegitimate child. The situation ought to be changed to give legal recognition to the existence of the father of an illegitimate child for purposes of adoption applications too and to protect his interests and rights adequately. The only way in which the father's interests and rights can be protected adequately is by notifying him of the pending adoption application regarding his child, and by requiring his consent to the adoption of his illegitimate child. A balance must, however, be struck between the need to give recognition to the father by notifying him of the pending adoption application and requiring his consent to the adoption, and the need to facilitate expeditious placement and adoption of the child.
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