Voorgestelde erkenning van poliandrie in Suid-Afrika en verkryging van ouerlike verantwoordelikhede en regte

This article considers the acquisition of parental responsibilities and rights in the light of the proposed acceptance of polyandrous marriages in South Africa. The inquiry shows that the Green paper on marriages in South Africa, which aims to expand formally recognised marriages and similar unions, lacks provisions regulating the acquisition of parental responsibilities and rights. If parental responsibilities and rights are considered in accordance with the Children's Act 38 of 2005, blood tests should be ordered to determine parenthood where multiple expectant fathers exist. However, mandatory blood tests may, in certain circumstances, restrict the constitutional rights to privacy and physical integrity and have a cost implication for the parties involved. Where parental responsibilities and rights are assigned in accordance with different cultural practices, it can lead to legal uncertainty and unequal treatment of children. The South African legislature should carefully consider the different forms of polyandry, the various cultural beliefs and practices regarding childcare, the rights to freedom of conscience, culture, and religion, and to equality, and the effect of the envisaged legislative provisions on the current acquisition of parental responsibilities in the establishment of regulatory measures pertaining to the acquisition of parental responsibilities and rights in respect of polyandrous marriages. In this regard, further consultation with community leaders, religious leaders, cultural groups, and other stakeholders is necessary to provide for the effective and equitable acquisition of parental rights and responsibilities.