In Summary
  • First things first: It is legal and mandatory by the Births and Deaths Registration Act to capture the name of the biological father of a child in the birth certificate.
  • This allows ease in establishing paternity, provides insights into medical history and other related matters such as a share of an estate whenever such circumstances arise.
  • The courts in Kenya have cemented this position in various cases.
  • Do you have a legal problem you would like addressed by a lawyer? Please email your queries to lifeandstyle@ke.nationmedia.com  

Hello Sir,

I am in a stable relationship with my girlfriend and want to marry her very soon but I have a problem. She has two children and the name of the biological father is in their birth certificates. My question is: Will this cause trouble in future?

Dear Sir,

These are the assumptions to contextualise the distress likely to arise: First, the place of the birth certificate is sacrosanct to a person’s journey of growth and development.

Second, that the biological father of the two kids will make claim over his children at some point during your marriage yet he hasn’t been supporting them in anyway.

Third, that the children are below the age of 18. Fourth, your legal marriage to the mother of the two kids will create a father-child relation recognised in law: Fifth, both of you (mother and yourself) will agree on the maintenance of the children, in spite of their biological father’s name in the birth certificate.

First things first: It is legal and mandatory by the Births and Deaths Registration Act to capture the name of the biological father of a child in the birth certificate.

This allows ease in establishing paternity, provides insights into medical history and other related matters such as a share of an estate whenever such circumstances arise.

The courts in Kenya have cemented this position in various cases.

Secondly, we have assumed that the children are below the age of majority and require parental care, guidance and love.

Therefore, your worries in this context demand we review scenario three where the biological father makes claim in the subsistence of your marriage and the matter goes to court for adjudication.

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