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 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.
i wanted to find out if i could add my surname to my childs name with out the fathers consent as she has his surname and he keeps saying shes nothing to do with my family because she has his familys name and at the end up i am the one minds her and get no help with money from him.
needadvice - 4-Nov-12 @ 10:34 PM
How can I go about changing my daughter surname legally..... She has my surename and her biological dad IS NOT on her birth certificate and has never had anything to do with her.... I meet my partner when she was 3 months old (she now nearly 7) and she has always called him dad and know no diff! He treats her the same as our son we now have, my partner has now asked for her to have his surname and happily wants to adopt her to but I have noo idea how or if I could go ab out this and would I need her biological dad (he not on her birth certificate) permission?
chan23 - 21-Sep-12 @ 12:37 PM
Hi, I'm trying to find some information for my daughter please.
She's just remarried, and has two children to her first marriage, aged 14 and 12.
Their father has seen them over the past 7 years, since the split.
The eldest, has not wanted to see her fatherfor months now, because of the way he treats them. Neither child will go to sleep over. His help financially, has been very little over the years. The children want to change their surname to that of their mum and step dad. But their father says that he doesn't care if the eldest does, but refuses to let his son.
When they were divorced, they did it by themselves, and never legally did anything about the children. My daughter has always left the door open to the children's dad, and let them decide if they wished to see him.
My grandson is heartbroken as he says he feels left out of his new family.
What can they do???
Stanley - 10-Aug-12 @ 3:49 PM
I changed my eldest son's name by deed poll when I remarried, my first husband, his father, died.Now 16, my son wants to revert to his original surname.How can I do this?
TR - 9-Aug-12 @ 6:36 PM
I have a 5 year old daughter she's disabled and her father has gone to live in America and has never had anything to do with her... She has his last name and he was there when doing so is there any way of changing that as he has nothing to do with her?..
Bb - 1-Aug-12 @ 8:26 PM
my ex partner changed his name by deed poll before our daughter was born. he did it online an recievd the deedpoll the day before i had her. i had a major operation and high on drugs and he took me in a wheelchair in hospital to register her so her could get his name on her birth certificate. although we had slpit up several times and he cheated on numerous occasions. he mentally abused me and my son (not his son) for years and wouldnt let me do anything or go anywhere. i feel i was cheated. anyway back to the deed poll he used that as id an had our daughter put in his last name on the deed poll not whats on his birth certificate.. i am wondering if this is all legal and legitimate as she has his poll name? i fled violenec and abuse he burgaled me thresatened me and had his family guard me on what i was doing to a point i had to lie to them and book a docs appoointment and run. i really want her in my name and wonder how i go about this
noodles - 11-Jul-12 @ 7:37 PM
my presently boyfriend a turkish man was trying to take our daugther in his country,,my daugthers birthname was on me since im not yet getting married to him...i am thinking now to move on with my daugther together,..going back to my own country,,recently we d fought a lot,,no more reason to be with him!! the worst of all, the turkish embassy here in japan,,helped him to made my daughter passport even without my consent... next month he is planning to buy a ticket goin back in turkey with my daughter...i dont wanna lose my baby,,:(
confused - 26-May-12 @ 4:50 AM
My Husband's ex wife has just told us she has changed the name of his son. This has come to light when we neded his passport for us to take him on holiday-(first time she has ever allowed us to do so in 13 years).After making excuses about his passport she has come clean and said she has done il 'legally'.My husband has parental responsibility for his son and she has previously been refused by a court to change it.My husband is very upset about this what can he do? and how could she have done it?It effectively means she can take him anywhere and we would never know...
Conniebygaslight - 21-May-12 @ 1:12 PM
my daughter has my surname and her father has no contact with her an isnt on her birth certificate, how do i go about changing her surname wud i av t do it thru deed poll and do i need his permission?
kirsty_87 - 13-May-12 @ 7:19 PM
i was with my daughters farther when we gave her his surname but now he hasnt had anything to do with her for 3 years now is there any way i can change her surname to mine
samandruby - 12-Apr-12 @ 10:49 AM
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-Nov-11 @ 6:41 PM
@laugh-a-lot - you will need to get permission from her biological father or take it to the courts.
LawAndParents - 19-Sep-11 @ 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-Sep-11 @ 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-Sep-11 @ 5:54 PM
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-Aug-11 @ 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-Jul-11 @ 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-Jun-11 @ 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-Apr-11 @ 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.