problems. In this instance the applicant, Mr. Geofrey Khwarae is challenging section 4(2)(d)(i) of the Adoption of Children Act, insofar as it does not require his consent for the adoption of his child just because she was born out of wedlock. Mr Khwarae does not have time to wait for Superman, his daughter’s future lies in the balance and there is a very real possibility that the adoption process that may have been commenced without his consultation and/or consent could proceed and thereby permanently remove his hope to access his child. The applicant has framed his petition to the Court in terms of the Constitutionality of the section concerned and seeks to establish the rights of unmarried fathers to be granted equal recognition in the matter of consenting to the adoption of their children. Not all unmarried biological fathers will have a functional relationship with their child; but denying loving, functional fathers the opportunity to legally formalise their parental relationship is patently unfair to the children and men involved. “If an unwed father is ignored or given much less protection in the adoption process than other parents, his challenge to this treatment forces the Court to identify what elements in parent-child relationships make them worthy of constitutional protection. Only then can the Court decide whether the unwed father's interests are entitled to protection.” In her analysis of court decisions on the issue, Buchanan summarised the prevailing tendency as follows: “unwed fathers who are presently exercising or have in the past exercised custodial responsibilities for their children have a constitutional interest in retaining the relationship established by
problems. In this instance the applicant, Mr. Geofrey Khwarae is challenging section 4(2)(d)(i) of the Adoption of Children Act, insofar as it does not require his consent for the adoption of his child just because she was born out of wedlock. Mr Khwarae does not have time to wait for Superman, his daughter’s future lies in the balance and there is a very real possibility that the adoption process that may have been commenced without his consultation and/or consent could proceed and thereby permanently remove his hope to access his child. The applicant has framed his petition to the Court in terms of the Constitutionality of the section concerned and seeks to establish the rights of unmarried fathers to be granted equal recognition in the matter of consenting to the adoption of their children. Not all unmarried biological fathers will have a functional relationship with their child; but denying loving, functional fathers the opportunity to legally formalise their parental relationship is patently unfair to the children and men involved. “If an unwed father is ignored or given much less protection in the adoption process than other parents, his challenge to this treatment forces the Court to identify what elements in parent-child relationships make them worthy of constitutional protection. Only then can the Court decide whether the unwed father's interests are entitled to protection.” In her analysis of court decisions on the issue, Buchanan summarised the prevailing tendency as follows: “unwed fathers who are presently exercising or have in the past exercised custodial responsibilities for their children have a constitutional interest in retaining the relationship established by
adoption%20and%20single%20fathers.docx