Marriage brings significant changes, especially as two individuals come together to form a single household, often symbolized by sharing a common name that reflects their unified identity and mutual support. While some may embrace the practical aspects of merging lives, the decision to adopt a new surname can be complex, particularly for those who value maintaining their own individuality.
In Kenya, the law permits adults to change their surnames, provided the change is not made for fraudulent purposes. In marriage, legally adopting a husband’s surname typically symbolizes both the legal and social acknowledgment of the union, reflecting the couple’s shared identity and commitment.
The process of changing your surname to your husband’s in Kenya is governed by the Registration of Documents Act and the Births and Deaths Registration Act. These laws provide the necessary framework for registering a name change, ensuring that the process is legally recognized and properly documented.
It is important to note that women are allowed to exercise their will whether they choose to change their surname upon and can use whichever name they prefer.
The process is fairly straightforward, starting with obtaining a certified copy of your marriage certificate, which acts as the primary document for the name change. Next, you must complete a Deed Poll, which serves as the formal, legal declaration of your intention to abandon your current surname and adopt your husband’s. This document is typically prepared by a qualified lawyer and must be signed in the presence of a Commissioner for Oaths or a Notary Public.
After signing, the Deed Poll must be submitted to the Registrar of Documents at the Attorney General’s office for registration. Once it is registered, your name change is published in the Kenya Gazette, which legally acknowledges and formalizes the change.
The next step is updating all your identification documents to reflect your new name. This includes your national identity card, passport, bank records, tax records, and other legal and administrative documents. Once the name change is published, you can start applying for updated identification documents through the relevant institutions.
Changing your name does not alter your legal rights or obligations, but it is essential to notify various institutions of your new name. You should then update your name with your employer, banks, insurance providers, the Kenya Revenue Authority, and healthcare providers to avoid any confusion or misidentification. If you have properties or assets registered under your former name, you will need to update those records as well. For legal documents such as property titles, you may need to work with a lawyer to amend the documents to reflect your new name accurately.
Legally adopting your husband’s surname may involve some costs for replacing your national identity card or passport. The duration to complete the entire process can vary based on factors such as the speed of publication in the Kenya Gazette and the responsiveness of the involved institutions. Generally, it may take anywhere from a few weeks to several months to finalize the name change.
The completion of these steps legally formalizes the adoption of your husband’s surname in Kenya, signifying your new marital identity in both legal and social contexts. By doing so, you fully integrate your new surname into your personal and professional life, reflecting the unity of your marriage in all aspects.
