Dear Aunt SilviaI am a secondary school student and I had an affair with one of my teachers who promised to marry me. Little did I know he was also having an affair with another classmate. He is the Head of Department and I’ve been failing in all my exams and CATs since I told him I’m expecting his child. He’s been pushing me to drop out of school to avoid ruining his name because he is married. I realised that my classmate is also pregnant with his baby and suffering the same fate. I’m torn between abortion and suing him. What should I do? Agnes Dear Agnes, The question of abortion is a thorny one given that abortion is outlawed under the provisions of the Penal Code Act. The act of procuring an abortion amounts to a criminal offence punishable by law where one is found guilty of committing this offence. You intend to sue the child’s father but you have not stated what action you will be seeking. Given your circumstances, a possible action would be filing a suit in the children’s court once the child is born and seeking the court’s order for child custody and maintenance of the child pursuant to the provisions of the Children’s Act. The Court Order, if obtained, shall require that the father of your baby provide support towards the child’s maintenance. The court will not order full support from the father as it is understood the mother of the child must also contribute towards maintenance of the child. A court order is sought by filing a case in the children’s court where you will have to provide evidence that the teacher is indeed the father — and he will be allowed an opportunity to defend himself. Once the court has considered the evidence from both parties and is guided by the provisions of the law, in this case being the Children’s Act, it shall proceed to make a finding, which is what we call the Order. However, there are limitations to this action given that the two of you are not married. If the Court finds that the child’s father has acted in a manner as to acquire parental responsibility, notwithstanding that the two of you are not married, it may proceed to make an order for him to support the child’s maintenance. In some instances, parties to a situation like this enter into negotiations and reach an out-of-court settlement. This agreement can then be recorded in Court as a ‘Parental Responsibility Agreement’, and where this is done, the agreement is enforceable by the Court. But then as you are pursuing this case be prepared for anything. The case can turn out ugly for you and your family. The things you our daughters make us go through, sometimes is very shaming. Make sure you involve your parents from day one, because you need their moral and financial help. As for the failing of your exams it is not surprising. Your parents took you to school to be taught and to learn, not to engage in barter trade? You should now think very hard about your future and that of your baby. Ends
