Father-who art thou?
A friend once complained that the human male (the father especially) is the most neglected and endangered species. The man is responsible for everything that goes wrong in the household. He is the one branded insensitive, the philanderer, wife-batterer, criminal among others. As a result, pro-female organizations like Empowering the Girl-child, Maendeleo ya Wanawake, FIDA – to mention a few, continue to mushroom.
There is something about the divide that doesn’t seem healthy. The Maendeleo ya Wanaume popularity did not soar- maybe because the women thought it was a getting back at them, and the men thought there were ‘better’ things to talk about. As for the women organizations, the men have been quoted referring to them as noisy gongs and clanging cymbals. Well, I think it was because each species should speak for the other. So, if I may speak for our dear men, to a considerable extent. I agree with my complaining friend that the men are not getting the fair share of the deal—in this case in family responsibility.
While, mothers and fathers of children born to married parents have equal rights consistent with the “best interest of the child.” a number of situations favour mothers when children are born to unmarried parents. Our legal practitioner, Elaine Namachanja, sets us off letting us know that, in law, paternity is the legal recognition of the parental relationship between a man and a child usually based on several factors. A child born to the wife during a marriage is usually presumed to be the husband’s child. This concept is the “presumption of lawful paternity”, and assigns to the husband complete rights, duties and obligations as to the child.
The presumption, however, can sometimes be countered by evidence that says otherwise. Jurisdictions differ widely on whether, when, and under what circumstances a judgment establishing paternity or a support obligation founded on the presumption can be ruled out on the grounds that the husband was not, in fact, the father.
Responsibility
Once a father has established paternity and, wishes to be part of the child’s upbringing, the most effective way he
can establish his parental rights with his child is to file a Parenting Plan in court. The plan outlines how the biological parents will share parental responsibilities such as: Choosing the child’s name, having a personal relationship and regular contact with the child: Controlling, directing and guiding the child’s upbringing: Decision-making (legal custody). Acting as a legal representative until the child is 16 – if required; direction of taxes and wills, access to the child’s records including his education’s. As a father you should give consent for medical treatment, for his getting of National Identity Cards and passports, and consent for his adoption and marriage, that is if the child is under 18: among others. This responsibility follows the Children Act 1989, which says, as a parent (with parental responsibility) your responsibilities are ‘all the rights, duties, powers, responsibilities and authority which by law, a parent of a child has in relation to the child and his property’.
If the father does not file a parenting (responsibility) plan, it may be difficult for him to establish many of his parental rights, which could limit his ability to see and care for his child. However, there may be restrictions on changing a child’s name; Choosing a guardian for the child; Making decisions about the child’s property on the child’s behalf and for their benefit.
This means, as a father you have a duty to maintain the child until he leaves school by paying a proportion of your income. This can be done inside the relationship or, without the relationship, either through agreement with the child’s mother or through the Child Support Agency. This responsibility is regardless of how long you related with the mother before the child was conceived.
In a nutshell, to qualify for parental responsibility, you also need to have registered the child’s birth jointly with the child’s mother; Made a parental responsibility agreement with the mother; Acquired a parental responsibility order from the court; You have to have been appointed as guardian or be married to the child’s mother.
In cases of adoption, your child’s mother cannot give up the child for adoption until six weeks after the child’s birth. Whether or not you are married to the mother, you have automatic rights to be at the hearing. As long as you and the mother register the birth of your baby together you no longer need a parental responsibility order to object to the adoption. You will be asked to give your consent for the adoption to go ahead. However, if you cannot be found then your consent is not needed. If you do not consent the court has the power to override this refusal and still make an adoption order.
Legally, parental responsibility goes on until your child reaches 18. After this the law assumes that your child is more independent in making their own decisions, concludes Namachaja. Go ahead in being important to someone. Happy fathering!
Elaine Namachanja is an advocate of The High Court of Kenya
END: BL19/66-67