When I gave birth, the birth notification included the name of the biological father, even though he had been missing in action and was married to another woman. Is it possible to remove his name from the birth certificate since we were never married?
Article 53, Clause 2, together with Article 28, emphasising the right to inherent human dignity, makes clear that every action affecting a child must focus on their well-being. A child's identity is crucial for their growth and development. Every child has the right to a name, regardless of the circumstances of their conception and birth.
Section 7 of the Children's Act, which is based on Article 53 (1)(a), states that every child has the right to a name and nationality and, as far as possible, the right to know and be cared for by their parents. While there is no legal requirement to assign a name to a child, most parents typically follow the naming customs of their cultural community.
Choosing not to include the father's surname when naming a child does not lessen the biological bond they share. You might be projecting your dissatisfaction with the emotional distance from your daughter's father onto her identity, which in the Kenyan context is often first reflected in her surname.
The process of naming and renaming a child is governed by law. Parents can change or amend their child's name to ensure that it reflects their wishes on the birth certificate. However, Section 8 of the Births and Deaths Registration Act states that the Registrar of Births cannot register any birth or death after six months from the date of the event, unless they receive written authorisation from the Principal Registrar. Therefore, it's essential to determine whether your daughter is under or over six months old.
Changes to a child's name are typically expected to occur before the child is two years old. According to Section 14 of the Birth and Death Registration Act, if a child's birth has been registered before a name has been assigned or if the registered name is altered, the parent or guardian may register the new name within two years of the original registration. This is possible upon payment of the required fee and by providing any evidence that the registrar deems necessary. Once again, it's crucial to know if your daughter is under the age of two.
If your child is older than two years, changing their name is governed by the Registration of Documents Act. This Act regulates the process of changing a name through a deed poll. A deed poll is a legally binding document that is typically prepared by a lawyer and signed by the individual wishing to change their name. Once completed, the deed poll must be registered with the principal registry in Nairobi or any other designated registry.
After the deed poll is registered, the registrar of documents will publish a notice in the Kenya Gazette for a period of sixty (60) days to inform the public of the name change. If there are no objections during this time, the new name becomes the official identity of the individual named in the deed poll. It is vital to ensure that the new name is updated on all relevant documents, including the birth certificate. You can present the registered deed poll to the Registrar of Births to have the new name reflected on the birth certificate.
It is important to understand that the registrar of documents has the authority to reject any proposed name based on specific criteria. A name may be rejected if it does not include at least one first name and one surname; if it is difficult to pronounce; if it contains numbers, symbols, or punctuation marks; or if it is considered vulgar, offensive, or blasphemous.
Additionally, names that imply support for criminal activities, promote religious hatred, or grant titles such as Sir, Doctor, Professor, or Baron may also be rejected. When making a naming decision, it should not depend on the parents’ marital status or the availability of the child's father, but rather on what is in the best interest of the child.
