Recommended Practice based on International Guidelines
The civil registration agency should have authority to correct errors such as obvious spelling, date or typographical errors. The late addition of a baby name within the time frame for late naming or adding uncontested paternity information should also be permitted. Providing the registration agency with authority to make these types of amendments relieves the applicant of having to spend time and money applying to courts. No fee should be charged for minor clerical errors or adding omitted information
Uganda
Legal Analysis
The Executive Director of the National Identification and Registration Authority may give written authorization to staff members to correct any errors in the birth register or in a birth certificate, without charge. This provision appears to be aimed at clerical errors and omissions.
The law on birth registration sets out four situations where amendment is allowed in respect of children’s birth records, which include contested paternity situations, amendments to name of the child, amendments to sex markers, and particulars in the case of adoptions. In the case of contested paternity, there is provision for adding the particulars of a father via a joint request by both parents, a DNA test result or a court order establishing paternity. No fee is mentioned for the addition of the father to the register of births. However, a person contesting parentage is responsible for the costs of the DNA test. There is also a fee for applications for proof of parentage, although it can be excused for persons who cannot afford to pay.
In the case of amending name of child, the parents or guardian of a child under age 18 may apply to change the name of the child. There is no fee for such a name change for Ugandan citizens if the child is under 6 years of age, but non-citizens must pay a fee regardless of the child’s age.
There are more general (and in some respects contradictory) provisions on errors and changes of particulars in the National Identification Register, which encompasses the register of births. The person affected by an error must notify the Authority within 90 days of becoming aware of it. The Authority must rectify the register accordingly if satisfied that an error occurred. Fees may be charged only where the error was the fault of the person to whom the information relates. Where there is a change of particulars, the person affected is required to notify the Authority within 90 days of the change and to provide supporting documents including a deed poll. Fees may be charged only if the change requires the issue of a new identification card (change of name, date of birth, place of birth or sex) – noting that ID cards are issued only to person who have reached age 16.