The only thing i can say is that the step you are taking (legally adopting) is very important to avoid unnecessary litigation from the 'father' later. I am also interested in this topic. Any lawyer out there who can help answer the queries?

Very interesting topic.

TRS and others... help out here...

Also what would be the case if the father is in birth certificate, acknowledges the kid and even provides for the kid?

@Wendz...according to the Children's Act 2001 a father acquires parental responsibility if he wants, has lived with the mother for at least 12 months, etc. So the minute he provides for the kid the courts interpret it as acknowledgement of paternity, that he accepts it's his baby and is feels responsible to take care of it. That is why in maintenance cases against a parent (99.9% men) who's neglected taking care of the baby, if the woman can produce even a receipt showing the guy bought the kid milk or an item of clothing then it is taken as acknowledgment of paternity of the toi and he's slapped with a maintenance order. (DNA is still not legally widely acceptable in Kenya)

This sword however cuts both ways, and as a dad he also acquires parental rights the minute it is clear he's the dad. Since him and the mother are legally the parents, with the mother's demise then that leaves the dad as the sole parent and in the eyes of the law he is the guardian of the minor and will be awarded custody of the baby - unless this becomes contested in court on very strong grounds.

thanks to you guys for your good advice. i must admit that this is quite enlightening. rest assured i will keep you posted on my progress for the benefit of all others who may find themselves in a situation such as that of ours.