Monday 26 September 2016

Review to give extramarital children equal rights


By MATTHEW VARI 

Sunday, August 7, 2015 (Sunday Chronicle, PNG) 



CHILDREN born through extramarital affairs will now be the subject of a review in the Civil Registration Act to redefine the status of extramarital children to be included to have equal rights as legitimate children of recognized marriages.

Speaking to the media on Wednesday, Constitutional and Law Reform Commission Secretary, Dr Eric Kwa made the intentions of his office known to address issues of the innocence of children getting entangles in marital issues of adult and to that of inheritance in a new line of landless Papua New Guineans.

“We are also going back to the Civil Registration Act to review because we are now thinking that under the New Marriage Act now, there need a new definition,” Dr Kwa said.

“It means that if a man has got a new mistress, he cannot have another wife because the definition states a marriage as between one man and a woman.”

“So what happens to all the children as the man has moved out and is now having a relationship and now the Marriage Act still protects the first wife, but then children are born to the other woman.”

“We are now trying to push for an amendment to the Civil Registration Act that children of the other woman are the children of the father, they cannot be isolated.”

“They cannot be done away as children from another woman- as long as they are from the father in concern.”

Kwa pointed out the innocence of children in such situations regardless, with their rights tp belong to a father and mother, which he said affects the inheritance of the children regardless of their status.

“It then affects the issue of inheritance, because what we did in 2009 under Land Law where customary landowners are able to register their customary land.”

“So to put it in perspective when the father is registered and now he has this child on the side- the child is now fatherless.”

“So if he goes to his mother’s side and her family asks him who is father is- than this child is left stranded so we will have kids who become adults who eventually become Papua New Guineans who become landless with no land.”

He added that in reviewing the definition to include extramarital children- the Wills and Probate Act will also be reviewed to accommodate the rights of such children.

“If you are registered under the name of your father, than him being a member of a clan that has rights to land- even though your mother was married to your father under custom or in the church- you the child still has a right to your father’s land, because it is not your fault.”

“You didn’t come by yourself- it is two people who decided to bring you here and you are not to be blamed as a child of that decision.”

“Those are the kind of reforms that we are pushing through to ensure that we protect the children, despite disruptions to marriages, families- it is human behavior but by law we stabilize the system so that it protects.”

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