Cases Where a Father’s Name Can Be Removed from a Birth Certificate.
In Kenya, several circumstances allow for the removal of a father’s name from a child’s birth certificate. The law requires sufficient proof to justify such a request, including DNA test results and evidence indicating that the original details were incorrect.
The Registration of Births and Deaths Act mandates the registrar to maintain records of births and deaths, ensuring that all notified events are accurately documented.
This Act stipulates that a person cannot be listed as a father unless both parents jointly request it or unless evidence proves that the parents were legally married or wed under a recognized custom.
For any modifications to a birth certificate, guardians must provide credible evidence to the registrar. The Act specifies that if a child’s name was recorded before they received one, or if the registered name changes, the parent or guardian can, within two years of registration, request an update. This requires a prescribed fee and supporting evidence as deemed necessary by the registrar.
Common Scenarios Leading to Name Removal
Legal expert Benson Otieno explains that one instance where a name may be removed is when a man marries a single mother and wishes to assume full parental responsibility for the child.
Additionally, if an individual was mistakenly or wrongfully listed as a parent, or if DNA evidence proves they are not biologically related to the child, the name can be deleted from the record.
A notable case occurred on June 17, 2024, when a Kisumu court permitted the removal of a man’s name from a child’s birth certificate after DNA tests confirmed he was not the biological father of the nine-year-old minor.
The judge ruled that a child has the right to have inaccurate information regarding their paternity corrected or removed from official records.
In this case, the applicant had been listed as the child’s biological father, but two separate DNA tests proved otherwise. As a result, the court determined that the child’s right to accurate documentation was paramount. On June 10, the judge ruled in favor of the applicant, allowing the removal of his name from the birth certificate to rectify the misleading information.
How to Obtain a Kenyan Birth Certificate
A birth certificate is a crucial document required for various applications, including obtaining a National ID, registering for KCSE and KCPE, applying for a passport, and other government services.
Beyond preparing for a baby’s arrival, managing finances during pregnancy, and selecting a maternity hospital, it is essential to understand the process of acquiring a birth certificate. Parents are encouraged to follow up on this document to ensure their child’s smooth access to services requiring it. In Kenya, a child’s birth should be registered immediately after birth or within six months.
Applications can be processed via the eCitizen Portal, Huduma Centre, or at District Birth and Death Registries.
Application Process for Newborns
Parents must provide:
- The original and a copy of the birth notification from the hospital.
- The original National ID cards, birth certificates, or passports of both parents.
- A completed Birth and Death Registration Form (BDA).
For births in rural areas, the Sub-Chief is authorized to register births, while births in Nairobi must be registered at City Hall. Huduma Centres also offer registration services. The cost of acquiring a birth certificate varies from KES 50 to KES 150, depending on the type of application, including newborn registration, applications for individuals over 18 years, or amendments.
Late Registration of Birth
A birth is considered late if it has not been registered within the first six months. Applicants must submit:
- Their National ID Card.
- Copies of their parents’ National ID cards, birth certificates, or passports.
- Their Class Eight or Form Four Leaving Certificates.
- A printout from the National Registration Bureau if parents’ IDs are unavailable.
- Baptismal card.
- Child immunization clinic card.
- Letter from an employer indicating the date of birth.
- A completed application form for late birth registration.
Replacing a Lost Birth Certificate
For lost birth certificates, individuals should visit Huduma Centre, where assistance will be provided in obtaining a replacement.
Applying from Abroad
For Kenyan parents whose child is born abroad, the process may take longer as documents must be sent from Kenya. Applications should be submitted at the nearest Kenyan embassy with the following documents:
- Two completed Birth and Death Registration Forms (BDA).
- Two photocopies of both parents’ passports, including specific pages from the Kenyan parent’s passport depending on its series.
- Two photocopies of the child’s birth certificate or birth notification from the hospital or civil authorities, either in an international format or translated into English.
- Two self-addressed, stamped A5 envelopes for postage.
- Two copies of the parents’ marriage certificate if legally married, either international or translated into English.
- A non-refundable fee of $10.00 per certificate, payable via bank transfer or EC-Debit card at the Embassy. Cash payments are not accepted, and overpaid amounts are non-refundable. Proof of payment must be attached to the application.
Amending a Birth Certificate
According to Immigration Kenya, amendments to a birth certificate are allowed under specific conditions:
- Within two years of birth registration, names can be changed upon submission of valid documentary evidence.
- After two years, additional names may be added, but existing names cannot be removed, with supporting documents required.
- The date and place of birth cannot be altered under any circumstances.
For further details on amendments, individuals should visit immigration offices for guidance.
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Important Disclaimer
This article is intended for informational purposes only and should not be considered a substitute for official government advice. Before applying for or replacing a birth certificate, consult Huduma Centre or eCitizen. For inquiries, contact eCitizen at (+254 780 206 206) or Huduma Centre at (+254 20 6900000).
Cases Where a Father’s Name Can Be Removed from a Birth Certificate.
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