Who and when can one apply for a declaration on parentage?
Parentage is the legitimacy of a child's birth. section 67 of the childrens Act CAP 59 (as amended) provides who is elligible in case of applying for parentage.the following persons are elligible:
1. father
2.mother
3.gaurdian
4.child
in law a child does not have capacity to bring an action in court on his own or in his own names,he must use an adult person referred to as next friend .this person can be a guardian/relative.
one can apply under the following circumstances:
1.whilst pregnant
2.before the child attains the age of 18 years
3.within 3 years after the death of the father or mother.
the procedure for the declaration is provided under section 67 of the children's Act CAP 59 (Amended),it requires the petitioner to:-
1.complian on oath to the family and childrens court within the jurisdiction of the applicants residence for summons to be served on the :
a) Man alleged to be the father
b) Woman alleged to be the mother
section 71(1,2,3,5,6,7and 8) provide for the presumptions in law about parentage:
-where the name of the father /mother appear or is entered in the register of birth in relation to the child.such certified copy of entry is primafacie evidence .
-where an instrument signed by the mother of a child or any person acknowledging such an individual to be the father of the child.
a) under this where an instrument is executed as a deed
b) where such instrument is signed jointly in the presence of a witness
-where court orders maintance of such a child by such a person or under any written law
-order made by a competent court out side uganda in affiliation or simmilar proceedings declaring or having the effects of a declared person to be the father or mother of the child.
-under reference express or implied in a will written or oral of any person as to a child being his /her daughter.
where a deceased confides to a person of authority indicating that the deceased was the parent of a child in question.it should be noted in these circumstances corroboration is of vital importance.
the burden of proof in parentage lies on the person alleging it.
-thus evidence or an admission of sexaul relations /coitus between the father and mother is an admission for parentage where theres no additional coitus with a different man within 360 days.
in the case of CT Vs MW among others the father admitted sexual intercourse but added that it was four months before she concieved
court found that evidence of admission of precious sexual intercourse was a material fact to corroboration.
in Moore(1947) KB 31 it was held where there was evidence along period over a time conception and theres no evidence that she got involved with other men,this should corroborate the evidence of the applicant .-DNA test under section 69(4) of the childrens Act, court is empowered to make an order for blood test/samples .
in mpirirwe vs ninsambimana ,court held that the evidence of simmilarity in physical features between a child and the alleged parent is admissible to prove paternity even if the evidence adduced is not conclusive.
-proof of adultery is another presumption to prove parentage
in preston vs preston ,it was held that though a finding of adultery against the wife might bare the effects of basterding her child ,court wanted this to be established beyond reasonable doubt that a child was born 360 days after a particular coitus could not be a result of that coitus.
effects of parentage
under section 72 of the childrens Act cap 59 amended
it pute the child in question in a lawful position as if born in wed lock
it establishes a blood relationship of the parties accordingly setting the child to a legal position towards the father and mother.
