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Dear Harold,
A woman tricked me into fathering a child she delivered last year. She is a successful director of a leading corporate firm. We were close friends and she confided in me on several occasions that her main worry was not having a child after her career success in the corporate world. We mutually agreed that I would father her child as long as it would be her sole responsibility to maintain the baby. She took care of the baby for nine months until last week when I received a demand letter from her lawyer seeking my financial contribution towards maintenance of the baby. Do I have a case in court?
Eric, Nairobi
Dear Eric,
It is not possible to get a court order pardoning you from providing for the baby, despite your mutual agreement with the mother. According to Article 53(1)(e) of the Constitution, every child has the right to parental care and protection, which includes equal responsibility of the mother and father to provide for the child, whether they are married to each other or not. The constitution further provides that the best interest of a child is of paramount importance in every matter concerning the child. Therefore, both of you are constitutionally required to cater for the child and share parental responsibilities, which the court may apportion according to your incomes. The court may order both of you to bring your pay slips towards determining your incomes and consequently amounts to contribute.
join