Removing a father’s name from a child’s birth certificate in Kenya is not as simple as many would think- it is a court-driven legal process grounded in constitutional principles, child protection laws, and the permanence of official state records.
Even in instances where both parents agree, the law prioritizes the child’s identity and best interests above adult preferences.
Here is why the process is difficult and the legal process you must follow.
Birth certificates are permanent legal identity records
Under the Births and Deaths Registration Act (Cap. 149), a birth certificate is an official and permanent record of a child’s identity. When a father’s name is entered, it is presumed to be true and factual.
Article 53(1)(a) of the Constitution guarantees every child the right to a name and nationality from birth.
Therefore, a parent cannot remove a father’s name simply because of separation, abandonment, or disagreement and civil registration officers have no authority to strike out a father’s name on request with any alteration requiring justification that the entry is incorrect.
No administrative procedure for removal
While Section 26 of the Births and Deaths Registration Act allows correction of errors, courts have consistently held that removing a father’s name is not a clerical correction.
That is because naming a father confers legal parenthood, triggers parental responsibility and affects inheritance, custody, and identity rights.
Under the Children Act, 2022, particularly Sections 24 and 25, a man acquires parental responsibility if he is named on a birth certificate or acknowledges paternity. Once acquired, that responsibility cannot be extinguished administratively.
A court order is required because removal of a father’s name amounts to undoing legal parenthood.
Courts require proof that the information is false
The removal is only allowed where there is proof that the father named on the birth certificate is not the biological parent, or that the entry was made through suspicious ways, coercion, or mistake.
The burden of proof lies with the applicant under Section 107 of the Evidence Act, which provides that he who alleges must prove.
This means DNA evidence (from a test at an accredited facility) must be provided and the courts may compel compliance or draw adverse inference in event the named father objects to testing.
Relationship breakdowns, lack of financial support, or parental conflict are not enough legal grounds for removal.
Child’s best interests are paramount
The most decisive legal principle in these cases is the best interests of the child, enshrined in Article 53(2) of the Constitution, and Section 6(1) of the Children Act, 2022.
These provisions require courts to place the child’s welfare above all other considerations, requiring Judges to determine whether removal clarifies or destabilizes the child’s identity, the child’s age and level of attachment to the named father as well as the long-term psychological and legal impact of altering parentage.
Even where DNA evidence disproves paternity, the court retains discretion and will not automatically order removal.
Why the High Court is involved
Identity, parental responsibility, and children’s rights are constitutional issues, whose jurisdiction lies with the High Court (Family Division).
Under Article 165(3)(b) of the Constitution, the High Court has authority to determine questions involving the violation or interpretation of constitutional rights.
How a father’s name can legally be removed in Kenya
The applicant must demonstrate that the entry is factually wrong, usually through non-paternity, obtain DNA evidence then file a petition in the High Court (Family Division), anchoring it on Articles 53 and 165 of the Constitution, the Births and Deaths Registration Act and the Children Act, 2022.
The applicant should seek a declaration that the named father is not the biological father and an order directing the Registrar of Births to amend the record.
The court may order service upon the named father, Registrar of Births and Deaths and in some instances, the Attorney-General, among other interested parties.
The Judge will then evaluate the DNA and supporting evidence, establish whether the original registration involved error or deception and if removal serves the child’s best interests.
If satisfied, the court will issue a declaration nullifying paternity and a mandatory order directing amendment of the birth register.
It is only then that the Civil Registration Department issues an amended birth certificate.
In conclusion, removing a father’s name from a child’s birth certificate is a constitutional, legal, and child-protection issue that requires judicial oversight, proof and consideration of the child’s best interests.
