In today’s Newspaper: http://www.nation.co.ke/news/State-against-late-bid-to-list-father-name/-/1056/3155218/-/r00eu1z/-/index.html
[SIZE=6]State against late bid to list father’s name[/SIZE]
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The State has opposed a petition filed by a single mother, who is seeking an order to allow children born out of wedlock to have their fathers’ names entered in birth registers even if the mother applies for such inclusion years later.
State Counsel Linah Wawira yesterday told High Court Judge Mumbi Ngugi that allowing mothers to introduce the fathers’ names at any point in the child’s development would lead to confusion.[/SIZE]
The lawyer said the mother has a duty to notify the Registrar of Births and Deaths about the birth of her child to ensure they are properly registered. This includes providing other particulars such as the name of the father to be entered in the register.
“However, in the event the father’s name is not provided at birth, and the mother comes with it years later and wants it entered in the register, then consent of the said father must be taken into consideration,” the State counsel explained.
The lawyer said the registrar has no other way of ascertaining the authenticity of the father except by seeking his consent. The Births and Deaths Registration Act, as designed, is intended to keep the register in order.
“If we allow names to be inserted in the register at any point, then we will have opened a platform of confusion because it will allow unscrupulous persons to enter any person’s name in the register at any point to serve them for personal interests,” Ms Wawira added.
She said it may also open a window for unending litigations and the court may order the names removed, leading to disorder in records. It will also not be in the best interest of the child for the father’s name to be entered at any stage.
The single mother through her lawyer, Mr John Chigiti, however, stated that Section 12 of the Births and Deaths Registration Act, introduces the dimension of marriage, which is a disadvantage women who may have not been married to the said fathers.
The birth certificates of many children born out of wedlock bear xxxxx marks in the slot reserved for the father. As for children born in marriages, the name is put in.
The judgment will be issued on May 11.
