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WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15597
Experience:  L.LB (UOVS)
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Can my ex demand to be at the birth of s child? He has made

Customer Question

Can my ex demand to be at the birth of his child? He has made no attempt to the wellbeing of his unborn child. I am due for a c-section and does not want to be emotionally disturbed at that time although I will agree to him seeing the baby once I'm home.
Submitted: 1 year ago.
Category: South Africa Law
Expert:  WCLawyer replied 1 year ago.

Good Morning.

This particular issue is not dealt with in the Children's Act. Chapter III of the Act lists a number of rights that a natural father automatically has and none of the rights listed includes the right to be present at the birth.

This is, after all, a medical procedure and as such, privacy principles apply. Since the medical procedure is being performed on you, this means that you decide who you want to be present that is not completely necessary for the operation.

I am not sure if this answers your question. So if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively

Customer: replied 1 year ago.
From what moment after the child is born does the biological father (unwed) have access to the child. We were never married and split up at 4 months gestation.
Customer: replied 1 year ago.
Can he demand to see the child during my stay in hospital after the c-section. I am worried as our relationship is emotionally very volatile.
Expert:  WCLawyer replied 1 year ago.

Since there is no court order that regulate his access, contact and care, at this stage you pretty much make the rules. He does have rights of access, contact and care though, but the perimeters of that needs to be agreed between you and him and failing that, will be decided by a Children's Court if he applies to such a court for such an order. He will make his suggestions on how he thinks access, contact and care is to be shared between you, you will make yours, the family advocate will make theirs and the court will ultimately decide, taking only the best interest of the child into account.