| (a) | if at the time of the child’s birth he is living with the mother in a permanent life-partnership; or |
| (b) | if he, regardless of whether he has lived or is living with the mother— |
| (i) | consents to be identified or successfully applies in terms of section 26 to be identified as the child’s father or pays damages in terms of customary law; |
| (ii) | contributes or has attempted in good faith to contribute to the child’s upbringing for a reasonable period; and |
| (iii) | contributes or has attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period. |
| (2) | This section does not affect the duty of a father to contribute towards the maintenance of the child. |
| (a) | If there is a dispute between the biological father referred to in subsection (1) and the biological mother of a child with regard to the fulfilment by that father of the conditions set out in subsection (1)(a) or (b), the matter must be referred for mediation to a family advocate, social worker, social service professional or other suitably qualified person. |
| (b) | Any party to the mediation may have the outcome of the mediation reviewed by a court. |
(4) This section applies regardless of whether the child was born before or after the commencement of this Act.
