My daughter has my surname as her biological father and I weren't married and split when I was a few weeks pregnant. I'm now having my second child and my partner and I are getting married soon. Can I change my daughter's surname to that of my partner?
(L.G, 29 September 2008)
A.
A person with parental responsibility for a child can change the child’s name without any special procedure simply by calling the child by the new name. It is not necessary to change the name by Deed Poll. As the child’s mother, you automatically have Parental Responsibility. However, anyone else with parental responsibility will also have to agree to the Change Of Name. Whether or not you would need the consent of your daughter’s biological father will depend on certain factors.
The biological father of a child may have parental responsibility if he:
Was married to the mother when the child was born
Was registered on the birth certificate as the child’s father - for births registered from 1 December 2003 onwards
Subsequently marries the child’s mother and /or enters into a parental responsibility agreement with the child’s mother
Re-register’s the child’s birth so that he is named as the father
Gets a court order which gives him parental responsibility for the child
In some cases, a father without parental responsibility could get a court order overturning a change of name if the court decides that the name change is not in the child’s best interest. If objections are raised to the proposed change of name, you could apply for a court order approving the new name.
For a child under 16 years of age, the name can be changed without the child’s permission. However, a child who objects to a change of name could apply for a court order reversing the change. The court would take into account the child’s maturity and understanding of the situation, and any adverse impact it thinks the change could have on the child’s wellbeing.
Proving a Change of Name
For everyday life it is sufficient simply to tell people that you wish the child to be known by a new name. However, for some official functions – such as applying for a passport – something more official may be required. An alternative to changing the name by Deed Poll is to get a statutory declaration. A statutory declaration is a formal document, on which your signature must be witnessed by a solicitor, which could be used to state officially that the child’s name has been changed.
Re- registering the Birth to Show the Change of Name
A name entered on a birth certificate cannot be changed on the original certificate unless it was spelled incorrectly. To record a change of name the birth must be re-registered. However, a birth can only be re-registered to show the name of the biological father or of the child’s adoptive parents.
My father made a will some time ago, I was divorced, but my name was Waples. that is the name in his will, I have now got married and my name is Shakespeare, can he change the name on the will ans we both sign or does it have to be done by a solicitor ?
storm - 17 November 2011 @ 6:41 PM
@laugh-a-lot - you will need to get permission from her biological father or take it to the courts.
LawAndParents - 19 September 2011 @ 10:05 AM
I would like to know if i would be able to adopt my new wife's daughter. She is now ten years old. She has never met her biological father at any time since the age of three months old. My wife and i, live together and got married last year. We have both asked if this is what she would like to happen, she has always replied that this is what she has hoped for and us all to have the same surname.Your advice would be appreciated
laugh-a-lot - 16 September 2011 @ 6:54 PM
My daughter has my surname although i was married to her father at the time of her birth. I now want to change her surname to the same name as my new husbands and siblings. Her real father has never had any contact with her since she was born and my husband now has brought her up. On the birth certificate it has my ex husbands name on there.
vidie - 14 September 2011 @ 5:54 PM
Hi!
My daughter is now 8mth old and she has a father surname but i split up with him over 6mths ago i wish to she has my surname and today i went to register office and the lady told me that it is impossible that i change cos me and him signed the certificate and thats it ;( now i am finding here that i possible can i dont know what to believe to be honest
MissIndependent - 1 August 2011 @ 2:35 PM
My Daughter has her fathers surname in which we have now seperated. I am getting married nov this year and my daughter has asked to change her name as she hasnt had contact with her bio - father for 3 years but he do still pay CSA? will this cause a problem at the courts? I dont know whether i should mention he has 3 other children by different people and only see's the one? he has no contact with the others?
tayalou - 11 July 2011 @ 10:59 AM
The same rules may apply, but I find myself involved in a situation where my Fiancee has a little girl (who I consider my daughter) from a previous relationship. Her biological father had little to do with her during her first six months of life and has had no contact with her during the last six months and I suspect that this is the way it will remain. My Fiancee is now expecting again and she has been talking of trying to get our little girls surname changed to either my surname, or a double barreled surname made from her surname and mine.Here's the bit that makes me wonder whether that law would see our situation differently.While he is named as the biological father on her birth certificate she does not have his surname.She has my Fiancee's (her mothers) surname.Would this make the process any more straight forward, should my Fiancee wish to pursue this course of action?
Ned - 4 June 2011 @ 11:33 AM
Can I change my daughter and sons' surname to their father's? They have my surname at the moment but I am now pregnant with my 3rd and wanting them all to have their father's surname.
Gh x - 11 April 2011 @ 12:57 PM
My daughter has my ex-boyfriend's surname. He is not on the birth certificate as her father because we started a relationship after I fell pregnant therefore he is not her biological father. Unfortunately the relationship with him has ended. Can I change her birth certificate so that she has my surname? She has no contact with her biological father and he is not on the birth certificate.
