Wakilii

In Re Rwotomiya & Amari (Infants) (Micellaneous Civil Application No. 0011 of 2017)

High Court · [2018] UGHCFD 7 · 2018 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by adoptive parents for court order to change the names of adopted children
Decision
Names of adopted children changed by court order; relevant authorities directed to update official records

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court allowed adoptive parents to add their family name to the names of their adopted children, holding that a name change is part of a child's upbringing and must serve the child's best interests. The court applied the welfare principle, finding that a common family name would strengthen the children's bond with their adoptive family and preserve their relationship with both adoptive parents. A court order, not a deed poll, is required for name changes of adopted children.

Outcome

Names of adopted children changed by court order; relevant authorities directed to update official records

Facts

Kent Allan Nolley and Rebecca Joy Nolley were appointed adoptive parents of Rwotomiya Raymond (aged nine years) and Amari Grace (aged two months) by adoption order dated 26 March 2016. The adoptive parents applied to add their family name, Nolley, to the children's names to create a stronger bond with the family and allow the children to identify with their adoptive family. All children in the family had become accustomed to being called by the family name Nolley. The applicants had initially assumed they could change the names following the adoption order but learned they required a court order to change the register of births, NIRA records, and travel documents.

Issues

  1. Whether the court should grant an order permitting adoptive parents to add their family name to the names of their adopted children.

Orders

  • Application allowed.
  • The child Rwotomiya Raymond is henceforth to be known as Rwotomiya Raymond Nolley.
  • The child Amari Grace is henceforth to be known as Amari Grace Nolley.
  • The National Identification and Registration Authority (NIRA) is directed to cause the change of name of the two infants in its particulars of registration.
  • The Registrar of Births and Deaths is directed to issue to the adoptive parents birth certificates reflecting the new names of the two infants.
  • Applicants to meet the costs of this application.

Rules and key headnotes

Adoption — Change of Name of Adopted Children — Procedure
For an adopted child, a court order rather than a deed poll is required to change the child's name, and the Registrar of Births and Deaths, NIRA, and the Department of Immigration ought not to accept a deed poll as evidence of an adopted child's change of name.
Children — Welfare Principle — Paramountcy in Decisions Affecting Children
Under the Children Act First Schedule Item 1, whenever any person determines any question with respect to the upbringing of a child, the child's welfare shall be of paramount consideration, and assigning a name to a child is part of the child's upbringing.
Children — Change of Name — Factors for Court Consideration
In determining whether to grant an order authorising a change of name of a child, the court will consider the length of time the child has used the current name, the effect of the name change on preserving the child's relationship with both parents, the child's relationship with each parent, the child's need to identify with a new family unit through use of a common name, the wishes of the child if old enough to express such wishes, and any other relevant factor.
Children's Rights — Right to Know and Be Cared for by Parents — Identification with Family Unit
A child's right to know and be cared for by his or her parents or those entitled by law to bring him or her up, guaranteed by article 34(1) of the Constitution, includes the child's need to identify with a new family unit through the use of a common name.

Legislation cited (5)

Full judgment

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In Re_ Rwotomiya & Amari (Infants) (Micellaneous Civil Application No. 0011 of 2017) [2018] UGHCFD 7 (2 October 2018)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.