Cap. 16 Art. 86Acknow- ledgement of children conceived or born out of wedlock.

(1) A child conceived or born out of wedlock may be acknowledged by the parents, either jointly or separately:

Provided that the acknowledgement of a child born out of wedlock by a person claiming to be the parent who did not give birth, made separately from the parent who gave birth, shall not have effect and shall not be registered unless the latter, or the latter’s heirs in the case of death, and the child himself if he is of age, shall have been served with a judicial letter by any person interested stating that such person intends to apply for the registration of such acknowledgement, and the parent who gave birth or the heirs, as the case may be, and the child, shall not have within a period of two months from such service, by a note filed in the acts of the said judicial letter, agreed to such registration, in which case the said judicial letter and agreement note showing agreement shall be served upon the Director of the Public Registry who shall register the said acknowledgement in the relative acts of civil status:

Provided further that where the parent who gave birth, or the child, where he is of age, does not as aforesaid agree to such registration, any person interested may proceed by application before the competent court against the person or persons who shall not have so agreed, for the court to declare that the person making the acknowledgement is the parent who did not give birth, and to order the registration of such acknowledgement in the relative acts of civil status.

(2) Where both parents, or the heirs of the parent who gave birth, where that parent who gave birth is dead, agree to change the surname indicated in the act of birth at the point of registration, a reference to such agreement shall be made in the judicial letter and relative note as mentioned in sub-article (1), provided that such surname is permissible in terms of article 92(1).