A Club Member's Story

Mrs C has a 3 year old son with her ex boyfriend, and she has subsequently married someone else. Since the birth of her son the father of the toddler has only asked to see him once. Mrs C and her husband want to change her son's surname to her married surname. She contacted the Edgars Legal line wanting to know if she would need consent from her son's father to do so.

The legal expert explained to Mrs C that, as the biological mother of a child born out of wedlock, she automatically has legal custody and guardianship over her child, which means that she could change her child's surname without the consent of his biological father. She was advised to make an application to the Director-General of Home Affairs and to obtain and submit the application forms at her nearest Home Affairs office.