49. In case of an illegitimate child, a person was not bound to be registered as a father of an
illegitimate child except at his own request and upon acknowledging himself to be the father
of the child and signing the Birth Report.
50. The Births and Deaths Registration Act was repealed by the National Registration Act
(NRA) of 2010. The NRA mandates the Government to establish a National Registration
System that records births, deaths and marriages. The marriages could be at village,
traditional authority, district or national levels. The Register is expected to contain such data
as sex, date of birth, parent’s names and marital status. Registration is for every person who
is 16 years of age or older and is a citizen, permanent resident, holds a temporary permit or
a business residence permit.
51. The NRA requires a father or mother to register a birth within 6 weeks. If a child is born
out of wedlock, the father is not required to register the birth or to be registered as the
child’s parent unless he voluntarily assents and the mother agrees or his fatherhood has
been proved in court.
52. In the absence of the parents, the head of the household in which the child is born, anyone
present at the time the child is born or anyone in charge of the child is bound to register the
birth. The NRA also makes provision for a Register of Adopted Children in which an order
of adoption is recorded.
53. Those registering a birth after 6 weeks will incur a fine. Failure to register a birth attracts a
fine of up to K1,000,000 and 5 years imprisonment. Providing false information or illegally
using someone else’s identity is an offence that is similarly punished.
54. The NRA compliments the Constitution which provides that all children have the right to a
given name and a family name and the right to a nationality. Under the same provision,
children also have the right to know and to be raised by their parents.
Article 7: Freedom of Expression
Every child who is capable of communicating his or her own views shall be assured the rights to express his
opinions freely in all matters and to disseminate his opinions subject to such restrictions as are prescribed by laws.
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