Are You Legally Responsible for Your Child After 18?

Most parents, especially those paying child support, assume their legal obligations toward a child end the moment that child turns 18. For many families, that assumption holds. But Kenyan law recognizes that some young people still need parental support well past their eighteenth birthday and it has built a mechanism to make that support legally enforceable.

Under the Children Act, 2022, a person ceases to be a "child" at 18. Yet the same Act allows a court to extend parental responsibility beyond that age where special circumstances make it necessary for the young person's welfare.

Parental Responsibility, in Brief

Parental responsibility is the bundle of duties, rights and authority a parent holds toward a child and the child's property.

Section 31 of the Act sets these out: providing for the child's basic needs including nutrition, shelter, clothing, medical care, education and guidance and protecting the child from neglect, abuse and discrimination.

Section 32 adds an important principle: both parents hold this responsibility equally. Neither parent has a superior claim over the other because of gender or the circumstances of the child's birth.

The Default Rule — responsibility ends when the child turns 18.

The default is straightforward: parental responsibility ends when the child turns 18.

Section 35 carves out an exception. A court may extend parental responsibility beyond 18 if it is satisfied that special circumstances concerning the child's welfare make an extension necessary. This doesn't happen automatically just because a young adult is still financially dependent on their parents — it requires a court order.

What Counts as "Special Circumstances"?

Section 35(2) names two specific triggers:

• Severe disability, or
• A developmental disorder

But the section isn't limited to these two scenarios. It speaks more broadly to circumstances affecting the child's welfare leaving room for the court to weigh each case on its own facts.

Does This Cover University Fees?

Often, Kenyan courts have extended parental responsibility specifically to cover a child's education past 18. In EMK alias A v SSS [2022] KEHC 154 (KLR), the High Court extended responsibility to cover school fees for children who had reached or were approaching majority while attaching conditions and a defined end date to the order.

That said, turning 18 while enrolled at university doesn't create an automatic entitlement to support through graduation. The court looks at the specific facts of the application — including how long the course will run — before deciding how far, and for how long, the responsibility should extend.

Disability and Developmental Needs

Where a young adult needs ongoing help with medical care, accommodation, specialised training, supervision, daily living, or other forms of care because of a severe disability or developmental disorder, section 35 may apply. The question the court asks isn't "how old is this person?" but “what does their welfare actually require?”

Who Can Bring an Application?

Section 35(3) casts a wide net. An application can be made before or after the child turns 18, by:

1. a parent;
2. anyone else holding parental responsibility over the child;
3. a relative of the child;
4. the Secretary; or
5. the child themselves.

Can You Apply After the Child Turns 18?

Yes. The Act expressly permits applications either before or after the eighteenth birthday. Even so, where the need for continued support is foreseeable, applying before the existing responsibility lapses helps avoid gaps in care.

What Will the Court Look At?

The central question is whether special circumstances relating to the child's welfare justify the extension. Depending on the case, relevant evidence may include:

• the young person's medical or developmental condition;
• educational or training needs;
• their level of dependency on a parent or caregiver;
• the nature and extent of specialized care required;
• how long the dependency is expected to last;
• the financial requirements involved;
• the parent's or caregiver's ability to provide that support; and
• the young person's overall welfare and circumstances.

Courts can also set boundaries on the order — defining its scope and duration rather than imposing an open-ended obligation.

It's Not Indefinite Financial Support

An extension order isn't a blanket ruling that a parent must support an adult child forever. In MMG v TO [2023], the High Court clarified that parental responsibility under section 35 covers the fuller range of duties in section 31 — not merely school fees.

The scope of any order depends on the specific terms the court sets.

The Child's Welfare Still Comes First

Every application is anchored to the principle that the child's best interests are paramount. These proceedings aren't really disputes about who pays what .They are about whether continued parental responsibility is genuinely necessary for the young person's welfare.

What Happens When the Extension Expires?

Extensions can come with a fixed period or specific conditions attached, and an earlier extension doesn't guarantee it will run indefinitely. In EMK alias A v SSS, the court capped the extension at a specific age, with any further extension requiring a fresh application.

Supporting Documents to Prepare

What's needed varies by case, but applicants should be ready to produce:

• a birth certificate or other proof of the parent-child relationship;
• existing custody, maintenance or parental responsibility orders;
• medical reports;
• disability or developmental assessment reports;
• educational records and school or university documentation;
• evidence of specialized care needs;
• evidence of financial need and capability; and
• any other documentation supporting the case for continued responsibility.

How We Can Help

At Wanjiru Nyaguthi & Company Advocates, we assist parents, guardians and young persons in navigating children's matters, including applications relating to parental responsibility, maintenance and other family-law proceedings. We provide advice on the applicable legal requirements, preparation of supporting documentation and representation before the relevant court.