The Affiliation Act was enacted on the 26th April, 1926, that is, 82 years ago. It deals with the determination of fatherhood, and provides for the maintenance, of children where the parents are not married to each other. It has some interesting provisions.
Section 3 of the Act states that a single woman, who is “with child” or who has been delivered of a child, may:
- either before the birth of the child, or at any time within twelve months from the birth of the child
swear to a complaint in the Resident Magistrate’s Court or Family Court with a view to the Court formally naming the father of the child.
If the woman misses this specified deadline, she may still, at any time after the expiration of the twelve month period, swear to the complaint if she is able to prove that the alleged father has within twelve months of the birth of the child paid money for the maintenance of the child, or has contributed to the child’s support.
Note that the person filing the complaint has to be a single woman. Of course, the man is sometimes a married man.
The hearing for the determination of fatherhood takes place before a Resident Magistrate. The evidence of the woman is taken as also any witness whom she calls. The alleged father’s evidence is then taken. If the woman’s evidence is corroborated to the satisfaction of the Resident Magistrate, the latter may adjudge the man to be the putative father of the child.
Incidentally, it is presumed under our law that a married man is the father of any child that his wife gives birth to during the existence of the marriage. The presumption may be rebutted in certain limited circumstances.
Note: The Affiliation Act was repealed by the Maintenance Act, 2005