The Name Game: Family Law Insights into Surname Amendments

Introduction

Names and surnames in families are very special but carriers, most of the time, a lot of tradition in the families. Many women start to keep their surnames in marriages due to adopting the husband’s surname, which is seen as a form of social statement. In the case when an unmarried couple has a child, the surname of the child is usually a lengthy debate in the families. Hence, many couples, including married couples, opt to put the family surnames together, known as a “double-barrelled” surname. A surname can be amended.

Legislation: Births and Deaths Registration Act 51 of 1992

• A child born out of wedlock.

In many instances, the parents get married after the child has been born. The BI-59 form enables parents to re-register their child, who was born out of wedlock, to register them within wedlock. Such a form must be completed and submitted with the Marriage certificate as proof of the marriage at any Home Affairs domestic office. Importantly, the parents should sign the form in the presence of a Commissioner of Oaths.

• Inserting a forename or surname.

Surprisingly, when a birth certificate does not have a forename or surname, Section 23 of the Births and Death Registration Act 51 of 1992 allows for the person to insert a forename or surname on the birth certificate. This can be accomplished by duly completing the BI-795 form.

• The altering of a forename.

Once a BI-85 form has been completed and submitted, section 24 of the Births and Death Registration Act 51 of 1992 allows for a person’s forename to be changed.

• The particulars of the father.

Should the parents wish to insert the father’s particulars in the birth register of the child born out of wedlock, this can be done by submitting a duly completed BI-1682 form at any domestic Home Affairs Office.

It can occur that the mother does not want to consent in relation to the insertion of the father’s particulars on the register, the father can proceed to apply to a High Court for an exemption of the mother’s consent.

Instances when a minor’s surname can be changed;

• The surname of a child born out of wedlock can be amended if the mother marries a person who is not the biological father of the child and wishes to change the surname of the child to the husband’s surname.
• In a case where a parent has passed away or is divorced, and the mother or father wants to change the surname to the parent’s maiden surname.
• When a mother wants to change the surname of a child born out of wedlock, whose current surname is registered under the surname of the biological father, to the mother’s surname.
• When a legal guardian of a minor wishes to change the child’s surname to the legal guardian’s surname.

There are multiple circumstances where amendments can occur as long as they are supported by duly completed documents and sufficient reasons for the change.

Specific requirements that need to be complied with in order to change the surname of a minor;

• BI –193 form must be duly completed.
• A statutory requirement, if the child is born out of wedlock, is the written consent of the natural father, except if waived by a competent court.
• The spouse of the parent needs to give written consent, whose surname the child is to assume.
• Importantly, both natural parents’ written consent, including sufficient reasoning in writing, justifying the change of surname.

Conclusion

One should be proud of the name attached to one. Hence, altering it is possible if all required documentation has been duly completed and submitted. Importantly, should altering occur, it must be supported with justifiable reason and support. Remembering compliance with all the laws and regulations might be overwhelming, so speaking with a legal expert who can provide you with the most current and correct information, depending on your unique circumstances, is always advisable. Contact an attorney at SchoemanLaw.