Changing a Child's Surname

There may come a time – usually as a result of a divorce – where a parent wishes to change their child’s surname to mirror that of their own, especially if they are reverting to their maiden name.

This is a relatively common procedure and one that can be carried out using the services of a solicitor specialising in family law. Here, we look at the reasons for such a change in name and how it is brought about.

Registering Your Child’s Name at Birth

When your child is born you have 42 days in which to register their name. If you are one half of a married couple, both parents must attend the registering of the child’s name and must both agree on what names should be written on the birth certificate.

If the parents of the newborn are not married, the mother may opt to have the child’s surname to read the same as hers. The right of the father to have his surname shown on the child’s birth certificate should be taken into consideration and the name should only be used if the father consents. The law is very clear and states that a mother may not give her child the surname of the child’s father unless he so consents.

Why Change the Child’s Surname?

It is the mother’s right to revert to her own maiden name (her name before marriage) after divorce if she so chooses. She can also request to have the surname of her child or children changed to reflect this, but she MUST seek permission from the father before doing so.

If the mother marries again and subsequently has children with her new husband, she may wish to have all of her children bearing the same surname. This can only be with the agreement of the children’s birth father, especially if his name is on the birth certificates and the children are known by his surname. Again, it is the father's legal right to refuse.

What Happens if the Father Refuses?

Sadly, this is an all too common scenario as many fathers who have split from their children’s mothers wish to have their family name carried on. If the father does not agree to the name change, the mother should realistically abandon the idea.

But if the children’s mother changes their surnames without the father's consent, he may seek legal advice and appeal to a court, who will rule as to whether or not the name change is (a) necessary and (b) detrimental to the upbringing of the children.

Changing the Surname if One Parent Remarries

If either parent remarries and wishes to change the surname of their children, they must seek the other parent’s permission to do so. It is worth noting, however, that in most cases a court will rule against this if one or other parent disputes the reasons for changing the children’s surname.

For unmarried parents where the mother or father wishes to change the children’s surnames, the likelihood is that the court will allow this, especially if the father has not agreed to have his name on the birth certificate.

If this is an issue that affects you or you think it might, you should discuss the matter with the other parent and listen to their views. If you are the parent who disagrees then you should consult a solicitor specialising in family law before pursuing the matter further.

It is important to take the feelings of the children into consideration and to emphasise that whatever surname they carry they will be thought of no differently.