After three years of marriage, I’d like to change my surname to my husband’s. What’s the process?
A married couple.
What you need to know:
- The process is governed by Kenyan law under the Registration of Documents Act and the Births and Deaths Registration Act, which provide a framework for registering a name change.
- The law allows any adult to change their name for any reason, as long as the change is not intended for fraudulent purposes.
Dear Vivian,
I got married three years ago. However, I have never taken up my husband's name legally. All my documents still bear my father's name. Now I would like to take up my husband's name. What will be the process?
Beryl Cheptoo, Kapsabet
Dear Beryl,
The process is governed by Kenyan law under the Registration of Documents Act and the Births and Deaths Registration Act, which provide a framework for registering a name change. The law allows any adult to change their name for any reason, as long as the change is not intended for fraudulent purposes.
It is also important to understand that while some women may choose to change their names upon marriage, it is not a legal requirement in Kenya. A woman is allowed to use whichever name they so wish. According to the Marriage Act, all parties to a marriage have the same legal status, rights and obligations at the time of marriage, during the marriage and at the dissolution of the marriage. The Constitution also guarantees the right to a name and equal protection under the law, regardless of marital status.
Therefore, to legally change your name to your husband's, you need to complete a process that begins with a Deed Poll, a formal, legal declaration of your intention to abandon your current surname and adopt your husband's. This document must be prepared by a qualified lawyer and signed before a Commissioner for Oaths or a Notary Public. After signing, it must be submitted to the Registrar of Documents at the Attorney General’s office for registration. Once registered, your name change is published in the Kenya Gazette to provide public notice of your new name.
The publication of your name change in the Gazette is crucial. It serves as the official record of your decision and allows you to update all your identification documents to reflect your new name. These documents include your national identity card, passport, bank records, tax records, and other legal and administrative papers. After the publication, you can begin applying for updated identification documents with relevant institutions.
While the change does not affect your legal rights or obligations, it requires notifying various institutions of your new name. You must update your name with your employer, banks, insurance providers, the Kenya Revenue Authority, and healthcare providers to prevent confusion or misidentification. If you have properties or assets registered in your former name, you will also need to update those records. For legal documents like property titles, you may need to engage a lawyer to amend the documents to reflect your new name.
Additionally, the process of obtaining updated documents, such as a new national identity card or passport, may incur further charges. The time required to complete the entire process depends on several factors, including the speed of publication in the Kenya Gazette and the responsiveness of the institutions involved. Typically, it can take from a few weeks to several months.
Vivian
The writer is an advocate of the High Court of Kenya and award-winning civil society lawyer ([email protected]).
