A critique of the High Court’s ruling in FOA v RAO and 2 others in reinstating Section 12 of the Births and Deaths Registration Act

Abstract

This case review critically examines the High Court’s decision in FOA v RAO and 2 others, which authorised the removal of a father’s name from a birth certificate after questioning the petitioner’s biological paternity. The case relies on Section 12 of the Births and Deaths Registration Act, a provision the High Court invalidated in LNW v Attorney General and 3 others, marking a troubling judicial departure that revives the application of an unconstitutional provision. Hence, this paper explores the inconsistencies in judicial reasoning regarding the rights of children born out of wedlock, focusing on the implications of the unconstitutionality of Section
12 of the Births and Deaths Registration Act.