Can I Change My Daughter's Surname?

Q.My daughter has my surname, 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?

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;
• For births registered from 1 December 2003 onwards, was registered on the birth certificate as the child’s father;
• 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; or,
• 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 who is up to 16 years of age the name can be changed without the child’s permission. However, a child under this age 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 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, generally, a birth can only be re-registered to show the name of the biological father or of the child’s adoptive parents.