In Summary
  • Article 53 of the Constitution of Kenya bestows equal parental responsibility on both parents whether they are married or not.
  • The same is automatic and self-activating and is not exercised on the whim of either of the parents.
  • Registration of a child’s birth is the first right of a child after birth; the first legal acknowledgement of the child’s existence and the first of requirement towards fulfilment of other rights.
  • Do you have a legal problem you would like addressed by a lawyer? Please email your queries to lifeandstyle@ke.nationmedia.com  

Dear Sir,

Thank you for the legal advice you give people. My question is: If you have a baby with a person, can one use their name to acquire a birth certificate without using their ID in the event that they have not given it?

Reader

 

Answer

Dear Reader,

Thank you for following us and being appreciative of our work.  Your question raises two issues, namely: i) parental responsibility; and ii) registration of a child’s birth.

Article 53 of the Constitution of Kenya bestows equal parental responsibility on both parents whether they are married or not. The same is automatic and self-activating and is not exercised on the whim of either of the parents.

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