This archive report was first published on 13 November 2019.
As a single parent, you may be wondering whether you should include your child's father's name on their birth certificate. This is a common concern for many single parents in Kenya, and it raises several legal issues.
According to the Constitution and the Children Act, children have the right to a name and nationality from birth, as well as the right to parental protection, which includes equal responsibility from both parents, regardless of their marital status.
However, the Registration of Births and Deaths Act, which predates the 2010 Constitution, requires the consent of the father before including his name on the birth certificate. This provision has been declared unconstitutional, but the necessary amendments have yet to be made.
Despite this, it is essential to register a child's birth, and both parents must serve notice of birth to the registrar in the prescribed manner. This means entering the names of both parents, including their marital status.
Including a father's name on a birth certificate is crucial for a child's identity and well-being. It gives the child a name and identity, especially in a patriarchal society like Kenya. It also lessens the burden on women and allows men to take up their responsibilities towards children born outside of marriage.
Moreover, including a father's name on a birth certificate can reduce the litigation burden on children during succession proceedings to prove their father-child relationship.
While including a father's name on a birth certificate does not necessarily mean that the child will receive care and attention from the father, it at least provides the child with an identity and the knowledge that they have a father, even if he does not support or care for them.
Therefore, as a single parent, it is recommended that you take the shortest route to the registrar of births and deaths and have your child's father's name entered into the birth certificate.
Eric Mukoya is the Executive Director of the Legal Resources Foundation Trust. If you have a legal problem you would like addressed by a lawyer, please email your queries to [insert email address].
