The Rights of Illegitimate Children
Illegitimate children are those born from parents who are not married to
each other. They enjoy the same rights that legitimate children enjoy.
However, it appears that society chooses to treat them differently and
sometimes deny them their rights. There are a lot of questions and
complaints handled in this issue but the most common ones are:
Name and Paternity
There is nothing in the law that prohibits an illegitimate child from using
the surname of the putative father (his alleged father) What is prohibited
is the registration Of this putative father as the father of the child on
the birth register without his consent. The child also has a right to be
recognized as the child of his father. Therefore, a mother of the child can
apply to the court for an affiliation order, which states who the father of
the child is.
Maintenance and Custody
An illegitimate child is entitled to the love and care of both his parents.
The father of the illegitimate child is as obliged towards the child as any
father. A mother or guardian of such a child can therefore successfully sue
for
Maintenance of the child.
Even though the legal guardian of the child is the mother or the mothers
guardian if the mother is a minor, even the father can be granted custody.
The courts concern is the welfare of the child. So if the child is better
off with his father or father's guardian if the father is a minor the court
will grant custody to this person. Remember that if you get married to a
person other than the father of your child he still has a duty to pay
maintenance for the child.
Citizen And Inheritance
The law relating to citizenship applies to illegitimate children as well. As
long as one of the parents is a Zambian citizen and that child was born in
Zambia she or he is a Zambian. All the mother needs to do is prove the
father of the child.
Illegitimate children have a right to inherit from their parents. There is
no distinction or separation in the laws pertaining to inheritance where
children are concerned.
An Illegitimate child who is not being catered for in a WILL can apply to
the court to have it varied. The only thing an illegitimate child can not
inherit is the title of their father e.g. if the father is an Earl or a
Squire in England or even King they do not stand to inherit this.
Legitimate
Where the parents of an illegitimate child marry, that child has the right
to be legitimated and reregistered as the child of his father in the births
register. To do this the parents need to produce a marriage certificate,
affiliation order or decree of paternity from the court and a declaration of
legitimacy can be given by the High court. A child can make this application
on his/ her own or through a friend (adult) if the parents do not do it. A
child born from a voidable marriage as well as a marriage that has been
annulled is legitimate children as long as both parents believed that the
marriage was valid at the time.
Remember that as the mother or guardian of an illegitimate child you have a
duty to protect him and his interest and are the best person to fight his
battles for him. She or he may be looked at with ridicule and prejudice in
society. She or he need not suffer this. Society should also treat these
children like any other children as they are innocent of the deeds of their
parents.
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