Births and Deaths Registration Act
18.
Zimbabwe
Change of name in register
(1)
In this section—
“responsible parent” means—
(2)
(a)
if the father of the child is dead or the mother has been given custody of the child by virtue
of a law relating to the guardianship of children or the child is born out of wedlock, the
mother of the child;
(b)
in any other case, the father of the child.
Where the birth of a person has been registered in any register of births and—
(a)
the forename which was registered is changed otherwise than by adoption; or
(b)
the registration was effected before the person concerned received a forename;
the person concerned or, if he has not attained the age of eighteen years, his responsible parent
or legal guardian, may apply to the Registrar-General for the registration of the forename in the
appropriate register of births and, on payment of the prescribed fee and on the production of such
evidence as the Registrar-General may consider necessary, the Registrar-General may register the
changed forename or the forename received by the person concerned.
(3)
Where the birth of a person has been registered in any register for births and the surname of the
person is changed, otherwise than by adoption, the person concerned or, if he has not attained the
age of eighteen years, his responsible parent or legal guardian, may apply to the Registrar-General
for the registration of the surname, and the Registrar-General shall, on payment of the prescribed
fee and on being satisfied that—
(a)
a notarial deed, as defined in the Deeds Registries Act [Chapter 20:05], setting forth the
change of surname has been registered in the Deeds Registry; and
(b)
the change of surname has been advertised in the Gazette;
register the change of surname in the appropriate register for births but without deleting the
original surname.
(4)
Notwithstanding subsection (3), the Registrar-General may register a change of surname in the
appropriate register for births but without deleting the original surname even where a notarial deed
has not been registered, if he is satisfied—
(a)
that the change of surname is for a lawful purpose; and
(b)
that the change of surname is not being effected for purposes of fraud or misrepresentation;
and
(c)
in the case of an application to change the surname of a person under the age of eighteen
years, that the responsible parent or legal guardian of the person has the right to represent
or assist him in changing his surname;
and if he considers it necessary and desirable to do so, the Registrar-General may give notice of
such change in the Gazette.
(5)
After the registration of a change of name under this Act every certified copy of the entry concerned
shall omit the original surname unless otherwise requested by the applicant.
(6)
Notwithstanding this section, no change of name of a person who has been adopted and whose
name has been registered in the Adopted Children Register shall be made in terms of this section
but any such change shall be effected in terms of section 71 of the Children’s Act [Chapter 5:06].
[subsection as amended by section 34 of Act 6 of 2005]
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