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

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