Comment In determining who is a child, and whether or not the child is can benefit from the estate, a birth certificate is a crucial document that should be produced by the intended beneficiaries. This means that if a child has no birth certificate it becomes very difficult for him/her to benefit from the estate. (Refer to Case Two in the “JCT Case Files” in the appendices). 2.4 Case Law Generally, there are no specific cases which deal with issues relating to birth registration in Zimbabwe. Cases cited here and below are cases with a bearing to birth registration in Zimbabwe. Douglas v Meyers 1991 (2) ZLR 1 HC In this matter the applicant was the natural father of an illegitimate child born of the Respondent. He sought an order declaring that he was entitled to reasonable access to the child. The mother opposed the relief on the ground that she was the natural guardian of the child, and that the father had no inherent right of access. The Court held that the natural father of an illegitimate minor does not have an inherent right to access to the child. The Court will grant such an access if the father establishes that such access is in the best interest of the child. The Court will only grant such an order if there is some very strong ground compelling it to do so. Comment The case made it impossible for the father of an illegitimate child to take part in the welfare of such the child. It means that even when it comes to acquiring the child’s birth certificate he would be unable to do so if there is disputation with the child’s mother. Tiwandire v Chipanda HB – 12 -04 The mother of a child born out of wedlock sought an order directing that the child’s natural father should surrender the child to her after he had abducted the child from her custody. It was held that following the judgments in Cruth v Manual 1999 (1) ZLR 7 (5), that the father of a child born out of wedlock has no rights at all in the child. It was stated that to hold that the father of a child born out of wedlock has rights in respect of the child would be to elevate the legal status of the father of such a child to that of a spouse in a divorce and allow unwarranted interference in the mother’s rights over the child. Held further that it would be worthwhile for the legislature to look into the issue of rights of fathers of children born out of wedlock. Comment Birth Registration Research Report/2007 26