By Harold Ayodo
Dear Harold,
For the past two years, I have been living with my girlfriend who has two children. My intention is not to marry her although I pay the rent and fees, buy food, provide medication and clothes for her son and daughter who are below 12 years old. Could this legally translate to parental responsibility? How does a man acquire parental responsibility over children who are not biologically his?
Paul, Mombasa
Dear Paul,
Yes, your actions amount to acknowledging parental responsibility of the two children. Legally, parental responsibility is the right, authority, power and duty to take care for and provide for a child. It can be acquired where the father and mother of a child were married to each other at the time of birth or when they marry after the child is born.
Men also acquire parental responsibility when they accept paternity of the child or stay with the baby for a year after birth. The law also presumes that providing basics to a child amounts to maintenance and consequently acceptance of parental responsibility.
A biological parent can also move to court to force a father or mother to accept parental responsibility of a baby. The court can order a spouse to remit monthly payments to support the child after establishing incomes of the parents. If one biological parent has no source of income then the responsibility may be on the one that has an income. The law insists on passing judgements in the best interest of the child. And should the parent fail to remit the monthly payments, court orders may be sought to either attach the salary or sell assets towards raising money for maintenance.
Got a family related legal issue? Ask the lawyer on hayodo@standardmedia.co.ke
