When a child is entitled to his stepfather's property

Dear Harold,

I have been married for 18 years and have four children (three sons and a daughter). During marriage, I had an affair with a married man who fathered my lastborn son who is nine years old. My predicament is my husband knows that the child is not his and has threatened to exclude him from his estate (inheritance). However, he treats the child just like the other three that he biologically fathered. Does the child have legal rights over the property of my husband? Would I have any legal options should my husband make good his threats of excluding the child from his will.

Kimberly, Mombasa

Dear Kimberly,

Yes, the child has legal rights to inherit property of his father (your husband). The law presumes that he acknowledged parental responsibility by catering for his basic needs — paying fees, offering food, medication and shelter — for nine consecutive years.

Legally, a man acquires parental responsibility over a child who is not biologically his by living under one roof with the mother for 12 months and providing basic needs over the period. Moreover, your husband never divorced you even when your secret relationship amounted to adultery, which is a major ground for divorce. You also have legal options should your husband leave your son out of his Will. You can move to court and contest the Will because the child is his dependent. The court would issue orders that the child be included in the estate as an heir and even direct the exact portion of his share. It wouldn’t also be a crime should the child’s biological father give him a portion of his investment as a gift.