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Legal Clinic: My child's dad gave nod to name change in birth certificate
I informed the father of my child that I wanted to change the name on the birth certificate and he said he had no problem with that.
What you need to know:
- If this child is below six months, then the name change can be treated as the first registration and requires no legal or administrative caution.
- However, after the expiry of six months since birth, as stated in Section 8 of the Birth and Death Registration Act, Registrar’s written authorisation is required for such change of name once the prescribed fee is paid.
- A child’s name can be changed by a guardian or parent if it is within two years since birth.
Hello Eric,
I informed the father of my child that I wanted to change the name on the birth certificate and he said he had no problem with that. What steps should I follow now that I have his consent? Martha
Hi Martha,
You inform readers that the other person whose name appears on the birth certificate has no reservations if you changed the child’s name. We then assume you seek to remove the name of this person from the said birth certificate. You are two steps ahead since Article 53 (1-e) of the Kenyan Constitution calls for equal parental responsibility, and this includes consensus while naming a child. Your statement invites us to register a key principle demanded by the Constitution on matters regarding children. Article 53 (2) of this Constitution directs everyone, state and non-state actors as well as individual members of the community alongside parents to always consider, promote, protect, and consistently pursue the best interest of children when making and actioning decisions of their welfare. This is a constitutionally enshrined right to ensure children have a quality life despite the circumstances within which they reside.
We cannot tell the age of your child. We, therefore, share comprehensive information regarding such changes. If this child is below six months, then the name change can be treated as the first registration and requires no legal or administrative caution. However, after the expiry of six months since birth, as stated in Section 8 of the Birth and Death Registration Act, Registrar’s written authorisation is required for such change of name once the prescribed fee is paid. A child’s name can be changed by a guardian or parent if it is within two years since birth. Section 14 of the statute of births, requires that parents or guardians who desire to alter the name of their child provide evidence to the registrar indicating why such alteration, and upon acceptance, pay the prescribed fee. This is permissible where the birth of a child has been registered before receiving a name or where the name by which it was registered is altered.
