Can the father's name go on the birth certificate if we are not married?
Births and Deaths Registration Act, Children Act 2022 and High Court of Kenya · sources read 5 Oct 2026
Yes. The old rule in section 12 of the Births and Deaths Registration Act, which allowed the father's name only if both parents asked or they were married, was declared void by the High Court in 2016, and the court said all children born outside marriage have the right to have their father's name entered in the birth register. Every child also has a right to a name and to know their parents.
- Where
- Civil Registration Services office (births registration) in your sub-county
Steps
- Register the birth with the civil registration office; every child has a right to be registered under the Births and Deaths Registration Act.
- Ask the registrar to enter the father's name. The High Court ordered the Registrar of Births and Deaths to set up a way to enter fathers' names for children born outside marriage.
Watch out
- Knowingly giving false information for registration is an offence (a fine of up to KSh 500, up to 6 months in jail, or both).
- The current Act on Kenya Law (2026 version) still prints the old section 12, which required a joint request or proof of marriage. Parliament hasn't amended it, but the 2016 High Court ruling declared it void.
Who this covers
- Children born outside marriage, and the parent registering them.
Official sources (3)
- LNW v Attorney General & another; KNCHR (Amicus Curiae); Law Society of Kenya (Interested Party), Petition 484 of 2014 (High Court, M Ngugi J, 26 May 2016) new.kenyalaw.org · read 3 Oct 2026
- Births and Deaths Registration Act (Cap. 149), version of 10 March 2026 new.kenyalaw.org · read 5 Oct 2026
- The Children Act, 2022 (No. 29 of 2022), Kenya Gazette Supplement childrenservices.go.ke · read 3 Oct 2026