Nigeria: Whether it is required by hospitals in Lagos State to list the father on a birth certificate or whether the name of the father can be left blank (2014-October 2016)
Information on whether hospital authorities are required to provide the father’s name to local registrars of births and deaths in Nigeria for the purpose of birth certificate creation could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. However, the following information may be useful.
According to the US Department of State's Country Reciprocity Schedule for Nigeria, birth certificates have been issued by the National Population Commission since 1992 (US n.d.). The Reciprocity Schedule specifies that birth registration is compulsory in Lagos State; the same source adds that "the local government" that issued the certificate needs to be contacted directly to obtain records dating from after 1979, while certified copies of records 1979 and earlier can be obtained at the Lagos State Ministry of Health in Ikeja (ibid.). The Reciprocity Schedule also states that "[a]lternatively, acceptable identity/parentage documents are infant baptismal certificates and hospital or maternity clinic records of birth" (ibid.).
Concerning the registration of births, Article 7 of the 1992 Births, Deaths, Etc. (Compulsory Registration) Act reads that
… the birth of every child born in Nigeria shall be registered by the registrar of births and deaths for the area in which the child was born [appointed by the National Population Commission] by entering in a register kept for that area such particulars concerning the birth as may be prescribed … (Nigeria 1992)
Detailing the persons responsible for registering births, Article 8(b) of the Act states that
[i]t shall be the duty of the following persons to give information either orally or in writing concerning a birth, that is-
…
(b) in respect of a birth in a hospital, health centre, maternity or nursing home or other like institution-
- the medical officer in charge of such institution; or
- any person authorised by him in that behalf. (ibid.)
According to Article 9 of the Act, which specifies the persons who are to provide information on a birth to the registrar,
[i]t shall be the duty of-
(a) the doctor, midwife or any other medical attendant, village maternity assistant, nurse, traditional birth attendant, other than a person in or attached to the institutions referred to in section 8 of this Act;
…
to give information concerning a birth to the registrar in the area in which the child was born. (ibid.)
Article 12 of the 1992 Act also provides the following information concerning the registration of the birth of a child out of wedlock:
Notwithstanding anything in the foregoing provisions of this Act, in the case of a child born out of wedlock, no person acting as father of the child shall be required to give information concerning the birth of the child and the registrar shall not enter in the register the name of any person as the father of the child except-
(a) at the joint request of the mother and the person acknowledging himself to be the father of the child and in which case that person shall sign the register together with the mother; or
(b) at the request of the mother on production of-
- a declaration in the prescribed form made by the mother stating that the said person is the father of the child; or
- a statutory declaration made by that person acknowledging himself to be the father of the child. (ibid.)
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Nigeria. 1992. Births, Deaths, Etc. (Compulsory Registration) Act. [Accessed 30 Sept. 2016]
United States (US). N.d. Department of State. "Nigeria Reciprocity Schedule." [Accessed 30 Sept. 2016]
Additional Sources Consulted
Oral sources: Agbowa General Hospital; Alimosho General Hospital; Apapa General Hospital; General Hospital Lagos; Ifako Ijalye General Hospital; Ikeja Medical Centre; Lagoon Hospitals Apapa; Lagos Island Maternity Hospital; Lagos State Government Secretariat; Lagos State University Teaching Hospital; Nigeria – Ministry of Health, National Population Commission of Nigeria; Sunrulere General Hospital; two doctors in Lagos State; two representatives of the Lagos State Ministry of Health.
Internet sites, including: AllAfrica; The Authority; Citizenship Rights in Africa Initiative; Germany - Consulate General in Lagos; GlobaLex; International Centre for Nigerian Law; Lagos State – Ministry of Health, Residents Registration Agency; Lexadin; Nairaland; Nigeria – Ministry of Health; This Day; UN – Children's Fund, Refworld; US – Embassy in Nigeria.