Removing a parent’s name from a birth certificate carries significant legal consequences.
According to Gikera and Vadgama Advocates, the consequence includes the termination of the father’s legal rights and obligations toward the child.
Once removed, the individual may no longer have legal claims to custody or visitation, and their financial responsibilities, such as child support, may also cease.
The action can also affect the child’s inheritance rights, potentially barring them from claiming a share of the removed parent’s estate. In cases where citizenship status is derived from a parent, any associated claims could be impacted.
Beyond the legal implications, the law firm notes that such changes may have emotional and psychological effects on the child, particularly regarding identity and family background.
Process of Removing a Parent’s Name from a Child’s Birth Certificate in Kenya
In Kenya, removing a father’s name from a child’s birth certificate is a legal process governed by the Births and Deaths Registration Act (Cap 149) and must be carried out through the Office of the Registrar of Births and Deaths.
The procedure is not clerical and typically requires a court order. Cases that may warrant removal include proven non-paternity, usually confirmed through a DNA test, fraud, or clerical error. Either parent or a legal guardian can initiate the process.
Also Read: Birth Certificate Application – What You Need, Where to Go, and How to Apply
Applicants must provide supporting evidence, which may include a DNA test confirming non-paternity, sworn affidavits from the parents, or other proof that the father’s name was added incorrectly.
If the father is absent, uncooperative, or has abandoned the child, courts may authorize the removal.
Once a court order is issued, the Registrar of Births and Deaths updates the record and issues a new birth certificate without the father’s name.
Also Read: Inside Bill Proposing Changes in Death and Birth Certificate Application
Cost of Adding or Amending Names in Kenya
Huduma Centre outlines the process of adding a name to a birth certificate as follows:
Parents who marry after the birth of their child can have the father’s name added to the child’s birth certificate.
To do this, both parents must complete an application for re-registration, swear the form jointly, and be physically present when submitting it.
Applicants must provide identification documents for both parents, the original birth certificate without the father’s name, and either a marriage certificate or a joint affidavit by both parents.
This service is only available to parents who marry after the child’s birth.
The cost varies depending on the amendments required. A birth certificate with no changes costs KSh 60.
Amendments to the child’s name cost KSh 100, while changes to the parent’s name are also KSh 100. A certificate with amendments to both the child’s and the parent’s names costs KSh 140.
The processing time for the re-registered birth certificate is 10 working days.
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