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. 76

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