Man on birth certificate is not my father

Dear Mrs Macaulay,

On my birth certificate, the man who appears on it as my father is not my biological father and our surnames are also different. The other man whose surname I received is now deceased. However, I have found my biological father and we have done a DNA test which confirms he’s my father. I need your advice on how to correct this mess because it is preventing me from getting my travel documents.

The Registration of (Births and Deaths) Act in section 51 provides for the ‘correction of errors’. It says that alterations in any book must be done only as the Act authorises. It then deals with two types of errors — the first is that a clerical error when discovered can be corrected by any person the registrar general authorises to do so pursuant to the relevant rules, and the second deals with an error of fact or substance. It provides that the error can be corrected by an entry in the margin, without the original entry being altered in any way. The entry in the margin is to be done by the officer who has the custody of the book containing the entry. The prescribed fee must be paid by the person who is applying for the error to be corrected at the time of the application.

The applicant must also produce a statutory declaration in which he or she must describe the nature of the error and what are the true facts of the matter. Statutory declarations must also be produced by two of the persons specified by the Act to give information about the birth of the child, and these declarations must also refer to the facts of the error and explain what the true facts are. These persons are, in order of priority, the mother and father of the child, but if they cannot do so, then the occupier of the house in which the child was born and who knows the facts of the birth is second in line. In addition, it can be any person who was present at the birth or who has responsibility for the child. The report of the birth must be made to the registrar within 42 days of the birth.

These provisions are in section 11 of the Act. Section 12 deals with births in public and private hospitals. Section 15 relates to births attended by a midwife, and section 13 deals with what the registrar can do when the persons who should report the birth fail to do so.

Your situation is that your birth was reported and registered by the registrar, but the person appearing on it as your father is in fact not your father. You have found your biological father, who is clearly willing to assist you to rectify the error of fact relating to the entry of the incorrect name of your father. You have made no mention of your mother. Is she around and has she explained to you how this error occurred? Will she be prepared to do a statutory declaration, stating that she gave birth to you and whether she or someone else reported the birth and by mistake gave the wrong name of the father? She can, if it was so, state that she honestly believed that the other man was your father, that she accepts this was a mistake, and that she did in fact have intimate relations with your biological father.

If the man named and registered as your father is around, this would be helpful as he could also do a statutory declaration about how he came to be reported and registered as your father.

If neither your mother nor the registered ‘father’ is available or able to do the two statutory declarations, then you could have them done by two older relatives or other credible witnesses who were around at the time of your birth and who know the true facts and how that man came to be named as your father. These witnesses could testify under oath that they knew at the time about the relationship between your mother and your biological father.

The declarations must state the full and proper names, the ages and addresses of the declarants, and the original copy of the DNA result must be attached to one of the declarations and your original certified copy of your birth certificate, plus certified true copies of any other supporting document you may have which would help to clarify the true facts. The declarations must also be stamped as one document by the Stamp Duty and Transfer Tax Section of the Tax Administration of Jamaica upon your payment there of the prescribed stamp duty.

I suggest that you go to the Registrar General’s Department (RGD) and seek their assistance to have the error in your birth record altered as provided by the Act. You can ask to speak with the legal officer there If you have any difficulty, for instance, if you are told that you must do a deed poll. This will enable you to correct the mess and get your travel documents. Do not worry, as the RGD deals with these situations all the time.

I wish you success in obtaining the correction of your father’s name in your birth records.

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. All responses are published. Mrs Macaulay cannot provide personal responses.

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.