Deadbeat dads in trouble as Court rules in favour of single mums

The High Court has declared Section 12 of the Birth and Death Act as unconstitutional, setting a stage for protracted court battles between single mothers and deadbeat dads.

In a ruling made on Thursday, High Court Judge Mumbi Ngugi said the Act, which prohibits a mother from including the biological father’s name on a birth certificate without his consent, discriminates against women who get children out of marriage.

She stated that the Section be amended to give children, born out of wedlock, a right to have their father’s name in the birth certificate.

The case was filed by one of the single mothers, who challenged the constitutionality of the Registration of Births and Deaths Act.