A birth certificate is a crucial legal document that confirms a child’s identity and parentage. However, there are situations where one parent may need to remove the other parent’s name from the certificate. This may be due to reasons like paternity disputes, legal separation, or the need to correct an error.
In Kenya, the process of amending a birth certificate is regulated by the Births and Deaths Registration Act (Cap 149) and must be carried out legally through the Office of the Registrar of Births and Deaths.
Thus, removing a parent’s name from a child’s birth certificate in Kenya involves a process that must follow all legal requirements. Here is a detailed guide along with the costs involved.
Process of Removing a Parent’s Name from a Child’s Birth Certificate
The process of removing a parent’s name from a child’s birth certificate varies based on the child’s age and the legal reasons for the amendment. Here’s how the process works:
1. Determining Eligibility
Before applying to remove a parent’s name, valid reasons must be provided. In Kenya, a parent’s name can only be removed under the following circumstances:
•The listed parent is not the biological parent.
•There was an error in registration.
•A court order has been issued for the removal.
If the name was initially included voluntarily but later disputed, the application must be submitted to the court. This process may involve further legal steps, such as a DNA test to confirm non-paternity or evidence of fraud or error, which often is documentation proving that the information on the original birth certificate was incorrect.
If the court approves the request, it will issue an order to the Registrar of Births to amend the birth certificate accordingly.
2. Application for Amendment (For Children Below Two Years)
If the child is under two years old, you can apply directly to the Registrar of Births and Deaths to correct the birth certificate. This can be done through the eCitizen portal, or by visiting a Huduma Centre or the Office of the Registrar of Births and Deaths in your county.
Required Documents:
•Original birth certificate of the child.
•National ID cards or passports of both parents.
•An affidavit explaining the reason for the correction.
•Any supporting documents, such as DNA test results or a court order (if applicable).
3. Deed Poll Process (For Children Above Two Years)
A parent has six months to submit the child’s name to the registry. After the child’s name is registered, a parent or guardian may request a name change by applying to the registry within two years of the child’s birth.
However, for children above two years old, the name removal process becomes more complicated, as the parent must apply for a deed poll, a legal document that permits name changes and amendments.
Steps in the Deed Poll Process:
To obtain a deed poll, you need a letter from the area chief confirming your child’s identity and residence.
A lawyer or Registrar General then drafts a deed poll stating the name to be removed.
The deed poll is signed in the presence of an advocate, and then it is submitted to the Registrar of Documents at the Department of Civil Registration Services, along with the necessary supporting documents outlined earlier.
Once the registration is complete, the Registrar requires the Deed Poll to be published in the Kenya Gazette. This public announcement officially formalizes the child’s name change.
After the name change is gazetted, you can apply for a new birth certificate that reflects the updated information.
4. Processing Time
The birth certificate correction process for children below two years takes approximately 10 working days.
The deed poll process for children above two years may take 4–6 weeks, depending on how fast the name change is gazetted.
5. Costs of Removing a Parent’s Name from a Child’s Birth Certificate
The cost of removing a parent’s name depends on the method used. Here is a breakdown of the expected charges:
•Birth certificate amendment (below 2 years) – Ksh 100
•Deed Poll process (above 2 years) – Kshs 500
•Lawyer’s fee for drafting a deed poll- Between Kshs 2,000 and Kshs 5,000
•Gazette notice publication – Kshs 500
Consulting a lawyer is crucial when removing a parent’s name from a birth certificate, as it is a significant legal matter. If one parent disputes the removal, a court order may be necessary to authorize the amendment.
The law safeguards the rights of both biological parents, and a parent’s name can only be removed from the birth certificate if there is a valid legal reason, such as evidence of incorrect information or a court ruling.
Removing a parent’s name from a child’s birth certificate requires careful attention to legal procedures and costs to ensure a smooth and compliant process. It is hence crucial to ensure all legal requirements are met to avoid complications in the future. Seeking professional legal assistance can make the process smoother and ensure compliance with the law.