Father wins right for son to carry his name

A father has won the right for his five-year-old son to carry his name, setting a legal precedent. Family law experts said the ruling – by Judge Jacqui Henriques in the KZN High Court (Durban) – was a step forward in broadening the rights of unmarried fathers, notes a Sunday Times report. The judge also ordered that the child’s surname be double-barrelled on the birth certificate to properly reflect his identity. In her ruling, Henriques said the couple had an acrimonious relationship and ‘cannot agree on anything’. She said she had to determine what was in the best interests of the child. ‘A name is an important aspect of identity and personality,’ she said. ‘Legislation enacted in 2002 provides for a child to be assigned the surname of either the father, the mother or a double-barrelled surname. However, a clear distinction is drawn in circumstances where a child is born out of wedlock.’ The judge said it was undeniable that the father was devoted to his son and committed to playing a meaningful role in his life. ‘In my view, the alteration of his name can only be in the best interests of the child … in addition to maintain a healthy relationship with his father and give recognition to both his birth rights, a double-barrelled surname recognising both parents and their commitment to him can hardly be said not to be in his best interests.

L v H and Another

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