future, such as ngozi (an avenging spirit). It emerged also that 41 (25%) of
women respondents were afraid of the “unknown”, if they registered children in
their maiden names.
Social issues that emerged during the research and which affected birth
registration of children had to do with cases involving remarriages. After a
remarriage or at the birth of an illegitimate child a father sometimes denies
paternity or responsibility of his children and becomes reluctant to play his role
in registration the children (Favard v Favard; Douglas v Meyers). He may
also make it difficult for his new wife to get in contact with her former husband
for purposes of registering her children. Similarly, after a remarriage a wife may
make it very difficult for the husband to communicate with his former wife for
purposes of obtaining birth certificates for his children.
4.6 Gender considerations that affect or influence birth registration
In the research, gender did not seem to play a noteworthy role when families
considered the registration of children. Section 12 of BDRA states that a father
cannot register a child in his own name unless there is a joint request to do so
with the mother. However, some men argued that it must not be made to be so
difficult for them to register children in their names in the absence of a joint
request with the mother, for example, in cases where the mother is dead or has
abandoned the child.
There was no marked difference between the numbers of boys and girls with
and those without birth certificates. The challenging circumstances and issues
encountered by both boys and girls were generally the same. Out of 63 school
children (37 boys and 26 girls) interviewed in Hurungwe District, 29 out the 37
boy pupil respondents (78%) and 19 out 26 girl pupils (73%) did not have birth
certificates. The numerical variance between boys or girls with and/or without
birth certificates was the same from both Bindura and Hurungwe Districts and
from the various settlement patterns.
4.7 Constraining systems and procedures in Birth Registration
Some of the procedures for birth registration as provided for in the BDRA and
detailed in 2.3.2 above are that it is compulsory to register any death or birth
occurring in Zimbabwe for any person whose birth occurs after 20 June 1986.
Section 11 gives responsibility and duty on persons to give notice of the birth or
still birth of a child. In cases where the parents of child are alive, the
responsibility falls upon them. In cases where both parents are dead or are
unable to register their child by virtue of some inability, then the prescribed
persons should register the child.
The BDRA enables the re-registration of a person born out of wedlock upon
presentation of evidence that this person should be regarded as having been
born in wedlock. Section 25(1) reads as follows "no birth, stillbirth or death
which occurs after the 20th June 1986 shall be registered after the expiry of
Birth Registration Research Report/2007
37
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