Bosch v Van Vuuren - LexisNexis South Africa

25of wedlock but that the lawmaker was also mindful of theinterests of children born out of such unions and that it sought toestablish a regime which would best suit their interests.Thesection accordingly provides for the automatic recognition ofparental responsibilities and rights, provided certain criteria aremet. These criteria are designed to put both the father and thechild in substantially the same position (if indeed not theidentical position) as that which applies in respect of childrenborn in wedlock.36 It is apparent from the language of the section that the test is anobjective one. Thus, if an applicant father was living with themother in a permanent life-partnership at the time of the child’sbirth 7 , then he automatically qualifies to have, and in fact has,full parental responsibilities and rights in respect of that child interms of the provisions of Section 21(1)(a). Alternatively, and inthe event that the requirements of sub-paragraph (a) are notfulfilled, then the same result follows if the applicant father isable to show that he has satisfied the requirements of sub-7 As to the arbitrariness of the criterion as framed see A Louw: The Constitutionality of a BiologicalFather’s Recognition as a Parent (2010) 13 PER 156. Reason suggests that the criterion should morecorrectly relate to the time of conception.