ADVOKS GLOBAL · KENYA
Children Act
24. Who has parental responsibility
Edition: 2019-01-18 · Repealed
24. Who has parental responsibility
(1)Where a child’s father and mother were married to each other at the time of his birth, they shall have parental responsibility for the child and neither the father nor the mother of the child shall have a superior right or claim against the other in exercise of such parental responsibility.(2)Where a child’s father and mother were not married to each other at the time of the child’s birth and have subsequently married each other, they shall have parental responsibility for the child and neither the father nor the mother of the child shall have a superior right or claim against the other in the exercise of such parental responsibility.(3)Where a child’s father and mother were not married to each other at the time of the child’s birth and have not subsequently married each other—(a)the mother shall have parental responsibility at the first instance;(b)the father shall subsequently acquire parental responsibility for the child in accordance with the provisions of section 25.(4)More than one person may have parental responsibility for the same child at the same time.(5)A person who has parental responsibility for a child at any time shall not cease to have that responsibility for the child.(6)Where more than one person has parental responsibility for a child, each of them may act alone and without the other (or others) in that responsibility; but nothing in this Part shall be taken to affect the operation of any enactment which requires the consent of more than one person in a matter affecting the child.(7)The fact that a person has parental responsibility for a child may not entitle that person to act in any way which would be incompatible with any order made with respect to the child under this Act.(a)A person who has parental responsibility for a child may not surrender or transfer any part of that responsibility to another but may arrange for some or all of it to be met by one or more persons acting on his behalf.(b)The person with whom such arrangement is made may himself be a person who already has parental responsibility for the child concerned.(c)The making of any such arrangement shall not affect any liability of the person making it which may arise from any failure to meet any part of such person’s parental responsibility for the child concerned.