A video of a woman who interrupted a church wedding to tearfully demand that the groom is compelled to pay child support has been a subject of heated debate since this past weekend. She also accused him of taking from her two of the five children they have together. While many commentators had no kind words for the groom, others questioned the legitimacy of her claim especially when it emerged that the couple was not legally married. The question on many people’s minds was what the law says about children born out of wedlock. Speaking to The New Times, Ninette Umurerwa, the Executive Secretary of Haguruka, a local NGO that deals with women and children rights, said that all children have equal rights before the law irrespective of the marital status of their parents. She explained that in a case where there is a paternity dispute, her organisation prefers to bring parents to the negotiation table before courts of law are involved. “Ideally, everybody wins if the man accepts that the child is his and he accepts to take responsibility. A number of men who are brought to the negotiation table already know that the child is theirs but are dodging responsibility. At least 20 percent of these cases are solved without the need to involve courts,” she said. Upon taking responsibility, the child is then registered under both parents’ names and both are required to contribute towards his or her wellbeing from then onwards. Should the courts be involved, Umurerwa said that her organisation pays for a DNA test to help strengthen the women’s case but the man is required to refund all the costs involved if he loses. “Should it proven that the child is his, we ask the court to compel him to pay all courts fees which are mostly around Rwf950,000, the DNA test at around Rwf260,000 and any other costs that may have been incurred during the process to determine paternity,” she said. According to the Rwanda Forensic Lab, a DNA test costs Rwf267,035. However, for those seeking faster results, the fee rises to Rwf427,988. Since February 2018, the laboratory has received 2,964 DNA test requests. Of these, 280 are crime related while 614 parentage and complex relations based. Laws are clear The Managing Partner of Fidelis Law Chambers; Sharif Yusuf Mugabo told The New Times in a telephone interview that there is no need for such a dramatic scene that was seen in the video since the laws are very clear on what can be done. “Whether it is about the property that both parties accumulated or the children that they had, the law is very clear. All the aggrieved party needs to do is to seek the intervention of the courts of law,” he said. According to article 262 of the law governing persons and family, the first step is to establish the maternity and paternity of the child. Maternity is established by considering the woman whose name is entered on the birth record while paternity is established when a man acknowledges that the child in question is his. The good news is that Articles 263 and 264 of the same law indicate that there is no time limit as to when a child born out of wedlock can be recognised by his or her parents. Children can be recognised as soon as they are conceived, when they are alive or even after they have died if they have descendants. However, Mugabo explains that in case a man denies paternity, the woman can take the case to court where she can provide proof that can compel the judge to order the man to legally recognise the children and to also provide for them financially. “The woman may submit compelling proof to court to prove that the man is the father of her children. If the man disputes this proof, he is then required to prove that he is not the father through other avenues like DNA tests,” he said. Upon proving paternity, the children are also entitled to equal share of the inheritance. Mugabo reminded that whether the man has children or not, the authorities are not legally obliged to halt a wedding ceremony. “The wedding ceremony cannot be stopped because someone has an issue. If they have a case, they go to court and the property, if any, will still be divided if the court of law says so,” he said. Annette Mukiga, a gender and development specialist told this publication that although it is always a work in progress, the efforts put into advancing children and women rights in Rwanda must be commended. “We must accept that the government has done its best to push for women and children rights. The fact that cohabitation after a particular number of years can now be recognised is a step in the right direction where women can now not be silenced when it comes to things like matrimonial property rights,” she said. However, Mukiga added that uneducated and underprivileged women need to be given the information and empowerment that they need to challenge some men who may intimidate, undermine or discourage them from seeking what is rightfully theirs. “Information is power. What we need to now look into is how to build the self-esteem of these women and give them the right tools in terms of information that they need to defend themselves and their children,” she said. Legalised unions Earlier this year, the government approved the legalization of unions of informally cohabiting couples in the country. Figures from the National Institute of Statistics Rwanda (NISR) indicate that 34 per cent of all couples in Rwanda are living in informal unions, meaning that their marriage is not registered at the sector level, as is normally the case. In some districts, the numbers are alarming. According to the fifth Integrated Household Living Survey conducted between 2016 and 2017, in Nyagatare District, 52.1 per cent of couples are cohabiting while 49.9 per cent are doing the same in Nyarugenge District.
