High Court hears curious birth registration case

Source: High Court hears curious birth registration case | Herald (Africa)

Fungai Lupande Senior Court Reporter
A Harare woman is seeking the cancellation of her six-year-old son’s birth certificate at the High Court as it does not reflect his “correct” biological father.

In her chamber application for cancellation of a birth certificate, Yvonne Garaneunga said her boyfriend, Lawson Mbofana, agreed to sign the birth certification knowing he was not her son’s biological father and was not oppsed to its cancellation.
Garaneunga said the respondent, the Registrar of Births and Deaths, does not have powers to cancel birth certificates, but only the High Court is vested with such authority.

She is seeking an order compelling cancellation of registration of birth certificate No: 3295447 within five days of receipt of the order.

The application reads: “I am the mother and custodian of the minor child who was born during the subsistence of my relationship with Mbofana with whom I was cohabiting.

“I must hasten to mention that when I started staying with Lawson Mbofana I was already pregnant with the minor child from my previous relationship and this was a fact that I disclosed to Mbofana.

“The child’s biological father denied paternity and would have nothing to do with me or the minor child. Mbofana and I decided to obtain a birth certificate for the child using his surname and reflecting him as the father.”
She added that Mbofana had accepted and raised the child as his own.

However, Garaneunga had a change of heart and wishes to set the record straight by having the birth certificate cancelled.
This, she says, is for the child’s sake.

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