LAW RELATING TO CHILDREN

PARENTAGE
A child is defined under the Children Act as a person below the age of 18 years (S.2). Children have
several rights. Under Art. 34 of the Constitution, children have a right to know and be cared for by their
parents or those by law entitled.
Under S. 5 Children Act, a child enjoys several rights including the right to:
(a) Education and guidance;
(b) Immunisation;
(c) Adequate diet;
(d) Clothing;
(e) Shelter; and
(f) Medical attention.

According to S. 5 Children Act, it shall be the duty of a parent, guardian or any person having the custody of
a child to maintain that child.
Absconding from this duty gives rise to a cause of action.
Also see Penal Code Act on offences relating to marriage and domestic obligations (Section 156 on
desertion of children and section 157 on neglecting to provide food and other necessities for children); and
the provisions on duties relating to the preservation of life and health – section 199 on responsibility of
person who has charge of another and section 200 on the duty of the head of the family.

According to S. 109 Children Act, any person who contravenes any of the provisions of this Act commits an
offence and is liable to a fine of 100,000/= or imprisonment for a period not exceeding 6 months.
In this regard therefore, Bird should take up his duty as a person in custody of the child.

PARANTAGE
It’s a common law presumption of law that every child born in wed lock is the child of that marriage.
However, where the parentage of a child is disputed, according to S. 67 Children Act,
(a) the mother of the child,
(b) the father of the child,
(c) the guardian of the child,
(d) or the child himself through the next of kin,
may make an application for the declaration of parentage.

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In declaration of parentage, Court will consider a number of factors. The mere fact that the child resembles
or does not resemble the presumed parent is not conclusive evidence of parenthood or otherwise. In
Petelonia Mpirirwe v Oliver Ninsabimana [1994] Kalr 88, (read from paper) it was held that evidence of
similarity in physical features between a child and the alleged parent is admissible to prove paternity even if
the evidence is not conclusive.
(Turn to cases) – simpson Case and Baskerville case,

However, Court may consider past conduct to declare parenthood . For instance, in Wynn Jones Mbwambo
v. Wandau Petro Aaron [1966] EA 244, (read from paper) Court held that the letter from the parent
expressed in endearing terms and saying that he still remembered “that night” undoubtedly tended to prove
that he was the father of the child.
(Turn to case law on Ettenfield,

According to the Children Act, application for declaration of parentage may be made:
(a) during pregnancy ;
(b) any time before the child attain the age of 18 years;
(c) within 3 years after the death of the alleged father or mother;

Under S. 70 Children Act, the burden to prove parentage lies on the person alleging it.
As such, where there is a dispute over fatherhood, according to S. 69(4) of Children Act, Court may on
application by any party to proceedings of declaration of parentage require that person to give material
evidence to the question, which may include a blood sample for the purpose of blood tests.

Procedure of declaration of parentage

According to S. 67 Children Act, application for parentage is by complaint on oath to the family and the
Children Court.
The FCC to which an application is made for the declaration of parentage shall issue summons to the
person alleged to be the father or the mother of the child to appear before the Court on the day named in
the summons as per S. 69(1).

If the FCC is satisfied that summons was duly served seven days or more before the hearing, Court shall
hear the evidence of the applicant and shall equally hear the evidence tendered by or on behalf of the
alleged mother or father as per S. 69(2) Children Act

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In case the evidence of the applicant is corroborated in some material particular by other evidence to the
satisfaction of the Court, Court may adjudge the person summoned to be the mother/father of the child (S.
69(3) Children Act).

According to S. 69(4), Court may order blood samples to be taken in case Court wants any material
evidence.

Important to Note: S. 71 Children Act

The following considerations shall be taken as sufficient grounds to prove that the named person is the
actual parent of the child until there’s proof to the contrary.
 A signed and stamped copy on which the particulars of birth of the child were recorded on the
Register of Births.
 Any paper signed by the named person and having the signature of another person as a witness,
stating that the named person is a parent of the child.
 Any previous Court Order ordering the named person to look after the child.
 Any previous Order made out of Uganda, declaring the named person the parent of the child.
 When the named person mentions directly or indirectly in his or her will accepting parentage.
 When the named person tells a person in authority either in writing or by word of mouth that
he/she is the parent of the child. Persons of authority include; a priest, a sheikh, an LC member,
or a clan head.

Note: Effect of Declaration of parentage S. 72 Children Act

A declaration of parentage establishes a blood relationship between the declared parent and the child but
does not confer rights of custody of the child upon being declared father or mother.
However, Court may in the same proceedings grant custody of the child to an applicant on such conditions
as it may deem fit – S. 72 CA.
In granting of custody, the child’s welfare is of paramount importance as per S. 3 of the Children Act.

Note: What are the considerations the FCC will take into account before it can grant a declaration of
parentage order? 68(3) CA.
 The welfare of the child
 The time of knowledge of the alleged father or mother or of birth of the child as the case may be,
by the applicant.

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  The conduct of alleged father or mother when he/she learnt of the birth of the child alleged to be
his or her child, or his or her conduct towards other persons having the custody or control of the
child.

What is the procedure of declaration of parentage?

 An application is made by complaint on oath to the FCC S. 67 CA; R. 19 of FCC Rules.
 The FCC issues summons to the alleged parent to appear before Court on a date named in the
summons.
 When the parties appear, Court hears evidence from them (the parties) and their witnesses if any
 If evidence is corroborated to the satisfaction of Court, Court will adjudge the person summoned to
be the mother or father of the child as the case may be.
 During the proceedings, Court may order any person to give evidence which is material to the
question. Such blood tests will include a DNA test and blood group.

Can a party appeal against a Declaration of parentage Order? Yes

Any party to the proceedings dissatisfied with the order of FCC may appeal to the Chief Mag. against the
Order. A FCC may revoke a Declaration of parentage on application of the person against who it was
made.
Procedure is stipulated under the FCC rules, R. 4(1)(b) and R.22.

If after a given period, the Child resembles some one else or, by any other form of evidence turns out not to
be the child of the alleged father, one can rely on the provisions of section 75 of the Act to revoke the
declaration of parentage.

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