Application for parentage of a child

I impregnated a woman 10 years back but have never provided maintenance costs for the child since she was born, nor have I declared to anybody that I am the biological father of the child. My child’s mother passed away recently and the child is now staying with her aunt. What can I do to legally be declared father of  the child and be granted custody?
ML, Morogoro

Section 34 of the Law of the Child Act [Cap. 13 R.E 2019] prescribes the procedure for getting a Court declaration of parentage. The person seeking declaration of parentage is required to make an application to the Juvenile Court for declaration order that she/he is a parent of the child. The application for declaration of parentage should be lodged in the Juvenile Court before the child attains the age of 18 years. If the child has attained the age of 18 years the applicant must first seek leave of the Juvenile Court before instituting the application for parentage. The reason is that ordinarily the power of a Juvenile Court is limited to matters affecting children under the age of 18 years and hence the proceedings concerning a person who is18 years or above requires leave of the Juvenile Court.

Parentage may be proved by marriage performed in accordance with the Law of Marriage Act; name of the parent entered in the birth register; performance of customary ceremony by the father of the child; public acknowledgement of parentage or DNA results. The Court may order the person claiming parentage to submit medical proof as the Court may consider appropriate in the circumstances of the case. Where the parentage of the father is not supported by the mother or independent evidence, the Court may order a DNA test to be conducted for the purpose of clearing the doubt and proving the biological father of the child.

Once a person is declared a biological, he assumes all the responsibilities of a father to the child as if the child was born in wedlock and the child also becomes entitled to inherit from the person declared a father.

Section 37(2) of the Law of the Child allows a juvenile Court in the same proceedings for declaration of parentage, to grant custody of the child to the applicant on conditions as the Court may deem fit to impose. The Court may, at any time revoke the grant of custody given to a person declared a parent by the Court and grant custody of the child to another person who might not necessarily be a parent. In revoking custody of the child and granting it to another person, the Court primarily considers the best interests of the child. Application for revocation of the custody of the child can be made by a relative of the child, social welfare officer, the child by his next friend or guardian of the child. You are guided accordingly.