How to Legally Change a Child Surname in Nigeria
Introduction
Changing a child’s surname in Nigeria is a sensitive and legally governed procedure. It is often prompted by circumstances such as parental separation, divorce, paternity issues, cultural customs, remarriage, or personal preference. In Nigeria’s legal system, the process for altering a minor’s surname is not just a matter of administrative paperwork—it is one that involves judicial consideration, statutory compliance, and, in many cases, public interest concerns. This article provides a full legal guide to help you understand the steps, documentation, conditions, and authorities involved in legally changing a child’s surname in Nigeria, while ensuring you stay compliant with applicable laws and protect the child’s rights.
Understanding the Legal Framework
In Nigeria, the process of name change—especially for a child—is governed by both statutory and judicial rules. It draws from a combination of the following:
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The Births, Deaths, etc. (Compulsory Registration) Act, Cap B9, LFN 2004
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Child’s Rights Act, 2003 (as domesticated in respective states)
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High Court Civil Procedure Rules of various states
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Judicial precedents and discretion of the court
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Family law principles relating to custody and parental authority
The law seeks to protect the best interest of the child, and as such, the request for change of surname must show reasonable justification and sometimes require the consent of both biological parents or a court order.
Common Reasons for Changing a Child’s Surname in Nigeria
Understanding why people seek to change a child’s surname helps to clarify the procedure. Some of the most common reasons include:
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Parental Separation or Divorce – A parent with custody may wish to give the child their own surname.
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Re-marriage of the Mother – A mother who remarries may desire to change the child’s surname to match the new family name.
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Correction of Paternity – If DNA or court-verified paternity results contradict earlier assumptions.
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Omissions or Errors at Birth Registration – Mistakes in the birth certificate registration may warrant a correction.
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Cultural or Religious Considerations – Names associated with certain tribes or religions may be changed for inclusion or personal conviction.
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Legal Adoption – After formal adoption, the child often assumes the surname of the adoptive parent(s).
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Personal or Family Decisions – Based on legacy, family unity, or protection of the child’s identity.
Step-by-Step Procedure for Changing a Child’s Surname in Nigeria
Step 1: Obtain Parental Consent (if applicable)
Where both parents are alive and have parental rights, both must consent to the name change. In situations of dispute or where one parent cannot be found or is uncooperative, a court order will be required to override lack of consent, especially where it’s in the best interest of the child.
Step 2: Swear an Affidavit of Change of Name
The parent or legal guardian must:
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Prepare a sworn Affidavit of Change of Name before a Commissioner for Oaths at a High Court.
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The affidavit should contain:
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Current full name of the child
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New surname being adopted
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Reason for the change
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Relationship to the child
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Consent (if both parents are involved)
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Declaration that it is not being done for fraudulent purposes
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Step 3: Publication in a National Newspaper
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The affidavit must be published in at least one national daily newspaper.
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This publication serves as a public notice and may be referenced in future legal transactions or identity documentation.
Step 4: Approach the National Population Commission (NPC)
You must visit the NPC office where the child’s birth was registered and:
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Apply for an update/correction of name on the birth certificate.
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Submit the affidavit and newspaper publication.
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Present other required documentation:
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Child’s birth certificate
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ID cards of parents (National ID, International Passport, Voter’s Card, etc.)
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Proof of custody (if applicable)
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Court order (if one parent is uncooperative or absent)
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Pay the necessary fees for the processing and issuance of corrected birth certificate.
Step 5: Apply to the Court (If Required)
In any of the following cases, a court order is necessary:
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Where one parent refuses to give consent.
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Where the child is under custody litigation.
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Where the change of name is contested.
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Where the child is under care of a guardian or government agency.
To obtain the order:
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File a motion or originating summons at the Family Court of the State High Court.
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Include all supporting documents and affidavits.
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The court will assess based on the child’s best interest standard before granting the order.
Required Documents for Change of Surname
Here are the common documents you may need:
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Original Birth Certificate of the Child
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Affidavit of Change of Name
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Newspaper Publication
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Means of Identification of Parents
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Court Order (where required)
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Proof of Legal Custody (if applicable)
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Passport photographs
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Completed NPC application form
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Marriage Certificate or Divorce Decree (if applicable)
Role of the Courts in Changing a Child’s Surname
The court plays a crucial role especially when:
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There is conflict between parents over the name change.
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One parent is absent or cannot be found.
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The child’s custody is under dispute.
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A legal guardian is making the application.
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The application involves a minor adoption.
Judges will assess:
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The best interest of the child
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Whether the change will affect the child’s identity or legal standing
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Emotional and psychological stability
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Whether the new name fosters unity or confusion
Does the Child’s Age Matter?
Yes.
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Under 7 years: The child has no legal capacity to decide, and parents or guardians may apply.
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Between 7–17 years: The court may require that the child is aware or gives consent if matured.
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18 years and above: The person is an adult and can change their name personally without parental or court consent.
Legal Effects of Changing a Child’s Surname
Once a child’s surname is legally changed:
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A new corrected birth certificate is issued by the National Population Commission.
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The new name becomes official for all legal and identification purposes, including passports, school records, immunization cards, and bank accounts.
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The child’s identity and inheritance rights are also updated under the new name.
Risks and Legal Precautions
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Do not attempt name change for fraudulent or evasive reasons.
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Always retain evidence of the change process: affidavit, publication, NPC approval, court order.
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The change does not erase paternity unless formally disclaimed through the court.
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It is best to seek legal assistance for court proceedings or sensitive parental disputes.
Frequently Asked Questions (FAQs)
Can I change my child’s surname without the father’s consent?
Not ordinarily. If the father is on the birth certificate or has legal custody, his consent is legally required unless waived by a court.
What if the biological father is unknown or missing?
In such situations, you can approach the court for a declaration order allowing you to proceed without his consent.
Can I revert the name change later?
Yes, but the process will have to follow similar legal steps and justification for reversal.
Is newspaper publication mandatory?
Yes, especially for public notice and credibility. It may be used in the future to prove the legitimacy of the change.
Case Law on Name Change in Nigeria
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M.O.M v. M.O.M (2011) – The court held that a child’s welfare and identity must take precedence over the wishes of either parent.
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Okoli v. Okoli (2018) – A mother was allowed to change the child’s surname due to the father’s abandonment and lack of support.
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Ugochukwu v. Ugochukwu (2022) – The court reiterated that the consent of both parents is critical unless waived by the court.
Conclusion
Changing a child’s surname in Nigeria is not a matter to be taken lightly. It is both a legal and emotional process, deeply tied to identity, heritage, and legal rights. Whether prompted by a new marital situation, adoption, or correction of records, it must be approached with full legal compliance and clarity. Always consider the child’s best interest, consult a lawyer where needed, and ensure the change is properly recorded across all official platforms. When done right, a change of name provides a fresh and secure start for the child—legally and socially.
Need Help? Let’s Guide You
If you need professional help processing a child’s surname change, drafting the affidavit, or securing a court order, our experienced legal team at Chaman Law Firm is ready to assist.
📍 Chaman Law Firm
115, Obafemi Awolowo Way, Ikeja, Lagos
📞 0806 555 3671
📧 chamanlawfirm@gmail.com
🌐 www.chamanlawfirm.com