Algeria: An important decision regarding children of unknown parentage

The Algerian government has announced a legal amendment that enables children of unknown parentage to find out who their guardian is if they wish.

This follows the amendment introduced by the Algerian Prime Minister Abdelaziz Jarad to a decree issued in 1971 concerning the change of name.

The decision, published in the forty-seventh article of the official gazette, stipulates that a person who wishes to change his or her surname for any reason must submit an application to the Public Prosecutor, either at the place of residence or the child’s place of birth. The person who becomes the child’s guardian may give his or her name to the adopted child or change his or her surname.

Where the child’s mother is known and alive, the application to change the child’s surname must have her official approval. If this consent is not given by the mother, the chief judge may still grant permission to give the adopted child the guardian father’s name.

READ: 3,000 babies’ fathers refuse to recognise them in Algeria

However, authorisation to change the child’s name requires the guardian father’s pledge that he made an effort to contact the actual mother, without success.

The issue of children of unknown parentage has been discussed in other Maghreb countries, given the negative psychological effect on those who do not know who their parents are, and may be subject to bullying because of their surnames.

Human rights activists believe that giving children a family name can help, as they would then have legal standing as sons and daughters and endure less discrimination.