40. States parties shall take appropriate measures to ensure that a child‟s name
does not undermine the best interests of the child13 in his/her future private and
public life. For example, names which under national laws, customs and traditions
are found to fall in any of the following categories should not be permissible: names
that have offensive or obscene references; could incite violence; are typographically
unconventional; are bizarre or ridiculous; might defraud or mislead the public; might
confuse the public; might interfere with the rights of others; or could be considered
contrary to public policy.14 In instances where the „name of an individual is a
fundamental aspect of the culture and ethnic identity‟, the State is under obligation to
respect the particularities of children belonging to that specific ethnic group.
However, where cultural interests conflict with the best interests of the child, the
latter shall prevail.
41.
States parties shall particularly take appropriate measures to regulate the
attribution of a name to adopted as well as abandoned children (foundlings). In the
case of an adopted child whose biological parents are known, the child should keep
at least the first name given by his/her biological parents. In the instance of the
surname of an adopted child, the adoptive parent(s) should give the adopted child
his/her surname to avoid any social stigma. In Muslim countries where the institution
of „kafala’ exists in lieu of adoption, the makfoul (the child raised under kafala
regime) should be given the name of the kafil (the person who has been given the
right to raise the child under the kafala regime) in instances where none of his/her
biological parents is known or where he/she has been abandoned. But according to
Islamic precepts, if the biological parents are known, the makfoul should keep the
name given by his/her biological parent.
42.
States parties shall also take appropriate legislative measures to regulate and
facilitate change of one‟s name. In this regard, States parties should consider
adopting administrative rather than judicial procedures for the change of a name.
5.2
Birth Registration
13
Ziemele, I. (2007) para 21.
It is suggested that States parties remain liable to provide grounds under which a name given to a child
should be impermissible given the national, social and cultural sensitivity the issue can raise.
14
16