How does the court resolve disputes about parentage?
It is important to note that any dispute on parentage must be determined before the order of maintenance can be made. Section 50(3) provides that ‘‘Where a person, who is alleged to be a parent of the child with respect to whom an application for maintenance has been made, denies parentage of the child, the Court shall not make a maintenance order on the assumption that the person is one of the child’s parents unless-
(a) the person has been declared, found or adjudged to be a parent of the child in question and:
(i) that declaration, finding or adjudication still subsists; and
(ii) the child has not subsequently been adopted;
(b) the person is presumed a parent of the child by virtue of one or other of the presumptions of parentage and the child has not subsequently been adopted; or
(c) the birth certificate of the child in question bears the name of the person as a parent of the child.
An application of (c) was seen in the case of the Estate of Princess Nina Aga Khan 19 WIR 102 – where the issue of parentage arose where a man claimed that he was the child’s legitimate father as he was married to the child’s mother. However, when the child was born, the mother was living with another man who signed his name on the birth certificate. The court held that since the child carried the last name of the man who signed on the birth certificate, it was clear that he was the father.
Section 30 (1) of the Status of Children Act vests the court with power where there is an issue as to parentage, to make an order requiring a parentage testing procedure to be carried out for the purpose of acquiring information to assist in determining the parentage of a child. Pursuant to Section 30 (2) of the Status of Children Act, the test may be carried out on the child, the person alleged to be a parent of the child, or any other person if the court is of the opinion that the information that could be obtained might assist in determining the parentage of the child.
Duration of Maintenance
Maintenance runs from the making of the order until the date stipulated or the child’s eighteenth birthday. If, however, the child is in an educational institution, receiving instruction or undergoing training for a trade or a profession or vocation, it can be extended to the child’s twenty-first birthday. If the child in question is unable to maintain himself or herself by reason of illness or special needs, the court can extend that order. The court can also take into account whether there are any other special circumstances that justify extending an order beyond the age of eighteen.
Children should be cared for in every aspect of their lives. The law is clear on the responsibilities and duties imposed on all parents and guardians. Do not shirk your responsibilities!
