I want to change my child’s name
Dear Mrs Macaulay,
About two years ago I came to Jamaica and did a DNA test to determine paternity of a child. The results were in my favour. Now I am trying to get this child’s name changed, but I am getting the runaround. I want to know if it’s possible to do a deed poll. His mother says its $50,000 to get the name changed. Could you help me?
If you and the mother will agree to act in the child’s best interest, then the mother should apply to the Family Court in her parish for a declaration of paternity and for orders that your name be entered in the register and that the child’s name be altered in it. She should also apply for an order for joint custody.
I make his suggestion so you can play an effective role in your son’s life by participating in all the important decisions to ensure his truly wholesome development.
Additionally, as you reside outside of Jamaica, if at any time you wish to have him visit you, you will have an easier time in obtaining a visa for him as you would have a certified sealed copy of an order of joint custody. If you file for him to be a permanent resident of your country of residence, having the order in hand would expedite your application.
Once the court makes the declaration of paternity and orders, the clerk of court must forward a sealed, certified copy of the declaration and orders to the registrar general for filing in that office and for them to effect the orders of the court pursuant to the Status of Children Act.
The Registration of Births and Deaths Act also empowers the registrar general, at any time after the registration of the birth of a child whose father’s name is not registered, when he/she is satisfied that a declaration of paternity has been made by the Supreme or the Family Court, to authorise the entry in the register of the name of the father and such other particulars of the father as are supplied by him.
Please note that there is no charge or cost for this. The child’s mother will be assisted with the preparation of her application. Or, you can come here and make the application. It matters not who makes it.
After the application is drawn up and properly executed and sealed at the court’s office, she should then serve it on you, whereupon you should, I suggest, come to Jamaica and appear on the appointed day for the hearing of the matter.
Upon your appearance in court, you should inform the judge that you are indeed the father of the child.
Neither the mother nor you need legal representation in the Family Court.
The whole application is very straightforward. They can all be made on the appointed hearing day.
A change of name by deed poll will not result in your name and your particulars being put in the register as your son’s father. A deed poll will merely alter your son’s name and not indicate that you are his father. This ought to be used, in my view, for circumstances other than that of your son’s.
So do move on with an application to the court and give your son his full human right entitlement of having you designated in the register of his birth as his father.
Margarette May Macaulay is an attorney-at-law, Supreme Court mediator, notary public and women’s and children’s rights advocate. Send questions via e-mail to allwoman@jamaicaobserver. com; or write to All Woman, 40-42 1/2 Beechwood Avenue, Kingston 5.
DISCLAIMER:
The contents of this article are for informational purposes only and must not be relied upon as an alternative to legal advice from your own attorney.
