Must I consult my ex before changing our daughter’s name?
A mother and her child. Throughout history, save for few instances, mothers have been known to cater for their children with incomparable dedication and love.
Hi Eric.
My baby is three years old. I would like to change the name on her birth certificate because the dad has proven he cannot be a responsible father. He never supports us financially and never visits his child. How do I go about this? Is it possible not to involve him in the process as he is quite a stubborn man? Thanks.
Dear mother,
If the world were to redefine dedication on the weight and height of motherhood, then mothers’ care for their children will be all that is needed in an English class.
Throughout history, save for few instances, mothers have been known to cater for their children with incomparable dedication and love. For most, their children’s welfare has always come first, before their own. The action you seek guidance on, irrespective of the intention or motivation, has implications that either enhance or suppress the rights of the parties involved. These parties are yourself, the father and the three-year-old child.
It is the right of every child to have an identity as provided for at Section 7 of the Children’s Act (2022). It states; every child shall have a right to a name and nationality and, as far as possible, the right to know and be cared for by their parents. Giving a name to the child is a responsibility of the parents as indicated at Section 31, Sub-Section 2 (c). This actualises the Constitutional provision at Article 53 Sub-Article 1 (a), which affirms the right of a child to a name and nationality from birth. Up to this point, any and every parent is duty-bound to ensure identification of their child is intact.
Both parents involved
An assumption is made in law that a child must have both parents involved in its conception and upbringing. Although the part of conception can be challenged due to the existence of sperm banks, and presence of assisted reproductive technologies where processes like In-vitro fertilization (IVF) take place, the premise that such sperms and ova originated from separate male and female species stand undebunked.
The need to change or alter the name of this child may be important to you, but cannot change the genetical facts. Your child carries the DNA of this man you describe as stubborn and unable to be a father. He therefore remains a big part of the child’s understanding and reliving her own heritage, and so is his contribution to the name change process.
Remember Section 8 of the Children’s Act (2022) demands that all actions for a child must be in their best interest, while Section 11 (1) in consonance to Article 53 (1-e) of the Constitution prescribes the right of every child to equal parental care, protection and responsibility, notwithstanding the marital status or circumstances of the parents.
Registration of a child is further recognised at Section 7, Sub-Section 2 of the Children’s Act, which state that every child has the right to be registered in the Register of Births immediately after birth in accordance with the Births and Deaths Registration Act.
Should the need arise to change registration, which manifests as change or amendment of name in a period not exceeding the child’s second birthday, then Section 14 of the Births and Deaths Registration Act is applied.
A deed poll
Since the child in discussion is three, we refer to Section 3 of the Registration of Documents Act, which requires that the parents complete a deed poll. A deed poll is a standard application provided for in the Registration of Documents (Change of Name) Regulations. These forms vary slightly depending on the person whose name is being changed. In the case of minors, the relevant form is ‘Form 4 A’ which is filled and signed on their behalf by their parent or legal guardian and a witness.
While it is not mandatory that you involve the father of your child in this process, since relationship circumstances may not be conducive for such joint action, it should be remembered that a child belongs to both father and mother in equal degree. Your action of name change must not in anyway threaten the identify of this child going into the future, neither should this be an opportunity for you to proclaim or peddle false paternity details.
In whatever you choose to do, remember the law is always on the side of children. The dignity of your three-year-old is as important now, as when they become of age. Article 28 of the Constitution reminds us that right to inherent human dignity is irreplaceable.
Tread carefully, lest your action jeopardises the paternity traces of your child. In the words of Maxim Gorky, only mothers can think of the future, because they give birth to it in their children.
Eric Mukoya has over 17 years’ experience working in the social justice sector. He’s the executive director of Undugu Society of Kenya. Legal query? Email [email protected]
