Consequences of step fathers adding their names to kids’ birth certificates
Stepfathers continue to be hailed as the fathers who step up when the relationship between biological parents fails, and they step in as fathers to their partner’s children.
Some men, out of love for their partner and affection for their children, willingly begin considering their children as his and treat them as they would their own.
Some go to the extent of legally adopting the kids and having their birth certificates altered to now include their names- a phenomenon looked down upon by millions of men across the world, but there are gems in the chaff.
But what happens if the stepfather and his wife separate or divorce without having their biological children, but his name is on her kids’ birth certificates now, and he thinks he can simply walk away from all of them?
A Kenyan lawyer on TikTok addressed this question for her followers, as seen below:
“Stepfathers who get with single mothers and then raise her children together, and you go to the extent of giving your consent to have your name included in their birth certificates when you split with her. This woman has the right to go to court and tell the court you were raising the children, and the court will order you to continue taking care of her children.
The fact that this woman will produce a birth certificate showing that you are the father is even worse. I’m saying this because sometimes its not that the birth certificate is conclusive proof that you took parental responsibility, but it is good evidence, especially if the court can find out that it was obtained in the right way because sometimes, some women add the stepfather’s names without seeking consent first,” explained Ms Wanjiru (@wanjiruthebosschic), a Kenyan lawyer who creates content on TikTok.
She went on to add a stepfather may attempt to dispute the validity of the birth certificate, but if it is found he consented, he will be in hot soup and would run the risk of having to pay child support subsequently whether they are legally married or not.
How to change the details on a Kenyan child’s birth certificate
To change the details on a Kenyan child’s birth certificate, especially for parents who marry after the birth of their child and want the name of the stepfather inserted in the register of birth, then they need to fill out re-registration forms and swear jointly by them.
Both parents- mum and step father- must be physically present when applying for re-registration and they should provide their identification cards, the birth certificate without the father’s name and a marriage certificate or joint affidavit by both parents.
This service, according to Huduma Kenya, is specific for parents who marry after the birth of a child, and the birth certificate has no father’s name on it.
These amendments take 10 days.
To change the father’s name
To change the father’s name from biological dad to step father is difficult as the Kenyan law is not clear on the procedures to alter the name of a parent- the father- on a birth certificate.
One has to make an application to the Law Court to be given instructions.
If the biological father does not object to the name change, they head to court with the co-parent, a hearing is held and a court order may be issued for name deletion from the birth certificate and another one added.