Married parents have the same parental responsibility under applicable law. [Courtesy]

Separated or divorced parents could soon have the same parental responsibility if parliament approves a bill.

The Children (Amendment) Bill, 2020, sponsored by Homa Bay Town Rep. Peter Kaluma, aims for parents to share responsibility 50/50 as opposed to the current situation where the husband bears the burden.

In a report presented to the National Assembly by the Labor and Social Committee chaired by Mwea MP Kabinga Wachira, he approves Kaluma’s proposal to make parental responsibility compulsory for the father and mother of a child.

Help us serve you better by completing our short survey.

start now

“Neither the father nor the mother of the child have an overriding right or a claim against the other when exercising such parental responsibility,” says the draft law.

Kaluma’s bill also stipulates that unmarried parents share the rights of their children.

Applicable law gives an unmarried mother primary parental responsibility for a child, with the father assuming responsibility through a court order or an agreement on parental responsibility.

Married parents have the same parental responsibility under applicable law.

“If the father and mother of a child are married to each other at the time of their birth, they have parental responsibility for the child, and neither the father nor the mother of the child have any overriding claim or claim against the other of such parental responsibility” The draft law says in part, “it says in Section 24 (1) of the current Children’s Act.

The same applies to couples who got married after the birth of their child.

The proposed legislation also aims to allow a parent to relinquish parental responsibility if a DNA test proves the child does not belong to them.

In the bill, all parents have the right to … parental care, which includes the equal responsibility of mother and father. [Courtesy]

The committee, led by Wachira, urged MPs to pass Kaluma’s law without amendment, noting that parents will contribute equally to child support in the event of divorce.

“The committee that examined the law recommends that the House pass it as it is,” the report said.

In the draft law, the committee notes that the current section 27 paragraph date of birth of the child.

It also stipulates that in the event of the death of a father who has assumed parental responsibility, it will be exercised by the mother.

“The amendment removes the part of the Act on Acquisition of Parental Responsibility in view of the previous amendments,” the report said.

In the bill, every parent has the right to … parental protection, which includes mother and father having equal responsibility for the child, whether or not they are married to each other.

According to the Family Law, child maintenance has the following basic principles.

It is all necessary for food, shelter, clothing, medical care, education, and transportation in accordance with the family’s financial capacity.

It is also communal (whether married or not) and is taken from the absolute communal property. The same applies to the granting of child support to a spouse from a previous marriage or partnership.

it is in proportion to the means and means of the parents and the needs of the child. At the same time, it can be decreased or increased proportionally according to the decrease or increase in the child’s needs, so it is final.

“It should be noted that if the child’s father does not have the means or ability to provide sufficient support for the child, the obligation may pass to his family – including his or her parents (the child’s grandparents) if they have the means to do so. ”