This archive report was first published on 11 May 2020.
Adding a surname to a child's birth certificate in Kenya can be a vital step in establishing their identity, but it's essential to understand the process and requirements involved.
According to the Children's Act, every child has the right to a name and nationality, and the government is responsible for providing assistance and protection to establish a child's identity if they are deprived of it.
When it comes to changing a child's name, including adding a surname, the Births and Deaths Registration Act provides the necessary framework. If the child is below two years old, the process is relatively straightforward, requiring only a new name, a birth notification, a birth certificate (if available), and reasons for the change, along with the required fee to the Registrar of Births.
However, for children above two years old, the process involves a deed poll, which is a dual application process but separate by application. A 'Form 4 A' must be filled and signed by the parent on behalf of the child, witnessed by another person, preferably an advocate of the High Court of Kenya.
Additionally, if the child is above 16 years old, their consent is required, and the application must be supported by the original birth certificate and a statutory declaration or affidavit sworn by a person resident in Kenya who knows the child well.
It's essential to note that the motivation for the name change is a requirement when submitting the application, and the process involves authentication of the supporting documents, registration with the Registrar of Documents, and gazetting in the Kenya Gazette for a period not exceeding thirty days.
This period allows the general public to challenge the new name or raise any concerns, as naming is often synonymous with the identity fabric of certain communities.
Once the thirty-day period is over, the child will be free to take up the new name, including processes to replace the old and new name from various documents.
While the process may seem lengthy, it's crucial for the identity and official recognition of the child, which is a gateway to most government services, including documents for international travel.
Should any difficulties arise during the process, consulting an advocate or paralegal in the area can provide valuable guidance.
