While this article should not be substituted for advice from an attorney-at-law or personnel at the Registrar General's Department, I will outline some of the ways in which the problem may be avoided or remedied.

A critical problem for many Jamaicans is the omission of the father's name from the child's birth certificate.

When a child is born to an unmarried woman in a public hospital or private institution, only the mother's name will be recorded for entry in the register unless the father is also present at the institution and signs the certificate consenting to the entry of his particulars as father.

The father's name and other particulars could be entered in the register if the mother signs and delivers a declaration to the Registrar General's Department naming a person as the father of the child and providing proof that the so-called father was served with the declaration and has either admitted or not denied paternity. The father would not need to sign the register.

Adding the father's particulars

The situation could be easily resolved if the father consents to having his name and other particulars entered in the register. In this way, both parents could give their consent.

If the mother of the child is dead or cannot be found, the registrar will accept the father's request for his name and particulars to be entered in the register.

In many cases, a parent may choose to obtain a declaration of paternity from the Supreme Court or Family Court pursuant to section 10 of the Children (Guardianship and Custody) Act. Such an application may be made by the child's mother or father, the child or anyone who has a proper interest in the result. This application will require affidavits to be filed to satisfy the court that the mother and father had been involved in a relationship at the time the child would have been conceived.

Consent

It is important to note that the declaration may be made with or without the consent of both parents; and may be made even after the parents have died.

Where the court makes a declaration of paternity, the registrar general shall authorise the entry in the register of the name of the father and such other particulars relating to the father as are supplied to her.

The methods which are listed above, are not exhaustive. Therefore, whatever reason exists for the omission of the father's name from the child's birth certificate, it is important to note that it can be corrected, and the interested parties would be well advised to take the necessary steps to do so.

Sherry-Ann McGregor is a partner and mediator with the firm Nunes, Scholefield, DeLeon & Co. Send feedback and questions to lawsofeve@yahoo.com or Lifestyle@gleanerjm.com.

Where the court makes a declaration of paternity, the registrar general shall authorise the entry in the register of the name of the father and such other particulars relating to the father as are supplied to her.