PART I

Following the birth of a child, it is necessary to have the child’s birth registered and obtain a birth certificate. In Trinidad and Tobago however, it is not uncommon that the name of a child’s father is not inserted on the child’s birth certificate. Failure to register the name of a child’s father on the birth certificate can have potential legal, financial and personal implications.

In this article we will look closely at: (1) how a father’s name can be legally inserted onto his child’s birth certificate on the birth of the child, (2) how to legally insert a father’s name on a child’s birth certificate after the child’s birth was registered and (3) finally examine the process of applying for a Paternity Order. 

In Trinidad and Tobago, this area of law is governed primarily by the Births and Deaths Registration Act Chapter 44:01(“The Act”) and The Status of Children Act Chapter 46:07.

1. How to insert a father’s name legally on child’s birth certificate on the birth of the child?

1. Via Marriage – If the father (husband) and mother (wife) of the child were legally married to each other at the time of the child’s conception or birth, then the husband’s name is automatically included on the child’s birth certificate as the child’s father once the marriage certificate is presented.
2. Child born out of Wed Lock

The registration of a child born to an unmarried mother is different to a child born to a married couple.

Pursuant to Section 21(1) of the Births and Deaths Registration Act the Registrar shall not enter the name of the father of a child born out of wedlock except at the joint request of the mother and the person acknowledging to be the father of the child, who attends with the mother and signs the register. Alternatively, registration is done at the request of the mother on production of a declaration in the prescribed form made by the mother stating that the person is the father of the child and a Statutory Declaration made by the person acknowledging to be the father of the child. 

In summary, both the mother and father must be present to sign the register and provide the supporting documents listed below: 

1. Identification Card of both mother and father;
2. Letter from Hospital where the child was born; 
3. Birth certificate of Mother and father;
4. Declaration of mother stating that the person is the father of the child (in the prescribed form); and
5. Statutory Declaration of person(father) acknowledging to be the father of the child.

2. How to legally insert a father’s name on a child’s birth certificate after the child’s birth was registered?

The Act sets out provisions for adding a father’s name to the child’s birth certificate where the birth is already registered, the father’s name is not recorded on the birth certificate and the father thereafter acknowledges that he is the father of the child.

Section 21 (2) of the Births and Deaths Registration Act provides that on the joint request of the mother and the father; the Registrar may re-register the birth. Both parents will have to sign the register in the presence of the Registrar. In practice, both parties must visit the Insertion of Given Name Unit of the Registrar General’s Department to request the insertion. They must produce the child’s current birth certificate; the Identification Card of the mother and father and copies of the same. The mother will be given a date after which she may return to re-apply for the new birth certificate which is usually issued on the same date of the application. 

Alternatively, the Registrar may re-register the child’s birth on the request and production of the following documents by the mother:

1. Identification Card of Mother and Father;
2. Birth certificate of Mother and father;
3. Both parents present at the Registrar’s Office;
4. Declaration of mother stating that the person acknowledging to be the father of the child is the father of the child; and
5. Statutory Declaration of the father acknowledging himself to be the father of the child.

The benefits of including a father’s name on a birth Certificate 

Legally – Recognition of parental rights such as custody and visitation rights. 

Financially – Responsibility for the welfare of the child, for example living expenses (food, clothing, shelter), medical, dental, optical and educational expenses (school fees, books, uniform, etc.)

Submitted by:
Rhea Sookhansingh
Legal Officer 
Civil Legal Department 
Legal Aid and Advisory Authority,
23 Stanmore Avenue, Port of Spain.
Contact: 638-5222 
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Website: www.laaa.org.tt

This article is not legal advice. Consult an Attorney-at-law for legal issues.