born out of wedlock (often the same children), the indication on the form that both parents’ names
should be noted means that in some cases registration of a child “without” a father may be refused.
This refusal can be based on good intentions: the social prejudice against a child born out of wedlock
is very strong in some West African countries and a child that carries only its mother’s name may be
subject to permanent stigma; but it still leaves the child at risk.
Many children abandoned by or separated from their parents are of course not registered at birth.
The difficulty of obtaining late birth registration varies by country; and, even where theoretically not
difficult to obtain, may require a degree of persistence in amassing evidence or paying increased fees
that makes late registration inaccessible for those who have not remained in contact with an extended
family.
In Niger, for example, the usual naming system is patronymic and a person cannot have a female last
name; so if the father does not acknowledge the child, and an uncle or grandfather cannot be found
to give the child his name, the child may simply not be registered – even if the mother seeks to do so.
Since giving a name to a child may carry implications in relation to inheritance, it is not so easy just to
give the child another name; the lack of a Code de la famille or children’s code and the wide variety of
customary rules (custom is recognised as a source of law in Niger), means that there is widespread
confusion about the validity and consequences of different decisions.253 Similarly, to establish birth
registration and other papers for a child whose parents have died may requires yet further timeconsuming procedures, first to establish death certificates for the parents, and then to establish a
connection with a male relative or other figure who will give the child his name. In one case, a centre
for children in Niamey tried to assist the child of a mother who had been detained in a facility for the
mentally disabled: the mother, who was not able to identify herself, fled the facility, leaving the child
with no identity – and a doubt as to whether her nationality was of Niger or Nigeria. The child remains
without papers years after she first came into custody of the centre. Another child of around eight
years old had come to the centre having fled abuse from his father, a Cameroonian; the child believes
his mother remains in Cameroon but has no documents of any kind, and no knowledge of the place
where his mother might be.254
If a baby or child is likely to be adopted, adoptive parents will usually sort out legal identity and
documents. In some countries however, including Sierra Leone, the nationality law makes no provision
for adopted children. In all countries, children in the “hard to adopt” category, including disabled
children, may be left without any documentation of any kind. Some children’s homes (such as SOS
Children’s Villages) ensure that every child has a personal file compiling every aspect of their known
identity, and ensure that state documents are acquired, including late birth registration if needed.
Other children may not be so lucky even if they are in a children’s home. With persistence, most
children that are helped will eventually find some documentation of identity and nationality – but
many never find help.
253
254
Interview, Abdourahaman Chaibou, advocate, Niamey, May 2014.
Interviews Soeur Brigitte Marie, Fraternité Notre Dame, Niamey, May 2014.
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