Can I Change My Daughter's Surname?

Author: Charlotte Walker-Olivier

L.G asks

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?

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.

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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.

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138 questions

Ask Law and Parents a Question

Sarah kay 30/12/2020 at 11:14 am

Hi, I separated in 2015 and divorced last year. Child arrangements have been ok but strained as my ex does not seem to have our girls best interests at heart. He keeps them up till 1-2am on weekends, sometimes doesn’t shower them, leaves my 11y/o home alone when going on a big shopping trip, doesn’t take them out anywhere except his mums and the local park (eldest won’t go as bored at 14) and he only has a 1 bed flat which they keep leaving items provided for them there and not bringing them home. In the past I have had arguments about them not changing underwear, brushing hair and teeth etc. Now keep hair short as he doesn’t help. He has also handed 3 mobile phones to our youngest to use without wiping them clean and had porn on.
My main issue at the moment is him keeping them up extremely late and coming home tired and argumentative. I’ve tried phone blocks etc but he just puts his tv on or gives youngest his phone. Can I stop overnight visits? I don’t want to stop all visitation but I cannot go on with this every time.

Mom 28/09/2020 at 2:07 am

I’ve been married to my husband for almost 16 years. My daughter is now 17 and has NEVER met her biological father because he left us got in trouble then got deported. And I have no idea where to find him in Mexico. What can I do to change her last name to her step dads?

specks 22/07/2020 at 9:46 pm

can i stay overnight with my ex partner we are both on benefits, can our money be stopped and what are the rights and law regarding overnight stays ?

Loza 04/05/2020 at 8:39 am

My ex changed my childrens surnames years ago and i was never contacted for permission and i am on there birth certificates and have parenteral responsibility for them. What can i do about this? She did stop me from seeing them for a while and this is then when she changed there surnames.
Any advice would be greatly appreciated

mashudu 06/11/2019 at 3:51 pm

i married my wife with one kid and we are married with in community of property and i want to change her biological father surname to mine,where must i go and what can be needed at home affairs

Sarah 23/04/2019 at 4:38 pm

hi,
got divorced recently. the father pays child maintenance but doesn't see his daughter the family name of my daughter is the first name of my ex when she was born we gave her his first name because he has no family name. can I change her family name( which is his first name)to my family name ? thanks

Stocky 12/04/2019 at 12:15 am

As a 77year old my only wish is for me to have included with my surname is of the surname of my stepdad...my stepdad surname being in the middle.
What is the procedure for this,any advice would be much appreciated.

Ram 13/02/2019 at 1:57 pm

Hi, my daughter is 7 years old and she have 2 surnames mine and biological fathers, she doesn't know her real father, now I'm married and my husband wants give to her his surname. But I don't have any contact or information about my daughters biological father since she was 1 year old. Can I change surnames without his permission? Thank you

Thapzen 04/02/2019 at 11:15 am

Zandile Baloyi and Alfred Baloyi recently divorced. Zandile has changed her surname to her maiden surname (Dlamini), and she also wants to change her daughter’s surname to Dlamini. With reference to authority, Advise Zandile whether this is possible and, if so, which procedure should be followed

Jess 18/09/2018 at 5:53 pm

My daughters dad want to change his and our 2 year old daughters surname to his mother’s maiden name how do I go about this? Many thanks

Annie 09/09/2018 at 12:42 am

Hello, my daughter has got my surname. Her father is on the birth certificate ,and we are not married yet. How do l change her surname to have it sale as her father? Do l need to re register the birth? Thank you!!

Kelly 16/07/2018 at 3:58 pm

My daughter was born with my surname and would like to have her biological fathers name on her birth certificate. My ex husband gave her his name but since has removed himself as legal guardian and disastblished all legal and parental obligations by the court. How do I go about changing her name and giving her the biological fathers last name without his consent or adding him as father on birth certificate

LawAndParents Editor 06/06/2018 at 2:48 pm

If thre is a restraining order in place and with the father's history, the courts may agree to a name change without the father's consent, or they may seek his consent on your behalf etc

MozH2 05/06/2018 at 11:18 pm

I'm wanting to change my daughter's surname from their biological fathers name to mine. They are 9 years of age and havent had contact with him from the ages of 1/2 years due to him being abusive towards me which lead to him going to prison on 2 separate occasions and also resulting in me having a restraining order on him which lasted 7 years. He is on the birth certificate but I do not want to contact him for obvious reasons. I'm really stuck with where to go on this. Thanks in advance for any advice given.

Rissa84 01/06/2018 at 7:33 pm

My daughter and son who are 14 and 12 don't see their biological father and especially my daughter wants to be known by her step dads surname and my son has also said when we get married he wants to change his surname. It says in previous parts that a mother can change the name without fathers consent if the birthday was registered before December 2003 which my daughter was born in October 2003 so can I change it for her without her father knowing and how would I go about this please. Could I re register her birth with her stepdads name on it or am I getting confused?

Kr55 20/04/2018 at 9:23 am

Hi, I have a daughter who is 3 and hasn’t seen her biological father since she was 8 months old. He has no contact with her, doesn’t pay maintenance and he’s recently changed his surname. Can I change my daughters to my surname?

LawAndParents Editor 11/04/2018 at 3:42 pm

The name can be changed with the father's consent. If consent is given, the cost is £36. If consent is not given, you can apply for a court order - the cost of which is £215. Once you daughter is 16 she can change her name by deed poll anyway, so might make sense to wait until then?

LawAndParents Editor 06/04/2018 at 12:31 pm

You will need the consent of the biological father. If the father refuses consent, you could apply for a court order but the courts will look at all the circumstances and decide based on the best interests of the child.

Tracy 05/04/2018 at 5:41 pm

Hi, I have a 5 year old daughter who has never seen her biological dad. He pays maintenance through his wages being arrested as he’s not willing to pay on his own. Her biological dad wanted nothing to do with her and is not on her birth certificate. I have met a new man who treats my daughter as his own and my daughter loves him as a Dad, we are having a baby together and I wondered would it be possible to change my daughters surname to my partners surname so both my kids have the same surname without the consent of her biological father? It’s my surname she has. Thanks for your time.

Sue 31/03/2018 at 10:47 pm

My daughter is 15 on her birth certificate is her father's surname. As we have not seen or heard from him since she was 2yrs old she chose to be known by my surname and is done by all her schooling etc
She want to officially change it as she will be applying for her learners permit bank account etc.
We have no $$$ and was wondering how we go about it.

Loopz 06/03/2018 at 10:47 pm

Both my boys have my last name but their father is on birth certificate we decided to use my name at time due to circumstances but now we wish to change it to the fathers name how can i go about this in the easiest way possible

LawAndParents Editor 05/03/2018 at 10:05 am

No, your daughter has no connection biologically with your new wife, so there's no reason to do this unless your daughter lives with you and you want her to have the same full name.

Decisions 02/03/2018 at 2:00 am

Hello..me and my future wife decided that after the wedding we will both have hers and mine surname.I have a daughter from a previous marriage that has my surname.if I will add my new wife surname to mine do I have to do the same with my daughter?thank you .

LawAndParents Editor 27/02/2018 at 11:12 am

You will need to apply for a court order if the natural father will not consent. The court form you need is C100.

Greentea 24/02/2018 at 9:17 am

Planning on getting married to my new partner, he has been in my daughters life for four years now. When we get married my daughter has requested that she wants the same surname as my partner and I.
I was never married to her dad, but I know he will not condone her changing her surname, even though she has my surname since birth. Just confused on what to do, any advice would be helpful. Thanks

LawAndParents Editor 10/01/2018 at 12:04 pm

You will need the consent of his father to change your son's surname. It might be worth talking to the father about this and discussing the possibility of perhaps a double-barrelled alternative? (i.e Using both surnames)

Mindie 07/01/2018 at 7:07 pm

I remarried last year my new partner and have two sons from a previous marriage. I have joint PR with my ex husband with the boys and he pays maintenance and sees them here and there when it suits - basically I provide access 50% of the yearly weekends and extra dates here and there when requested - sadly his parents utilise his access more than him but it’s important I feel they maintain a relationship with them so left the weekends in place ( the boys enjoy it)
My youngest ( age 9)wants to change his surname to his step dads but I’m not sure that his biological family are going to approve .... how do I stand ?

LawAndParents Editor 07/11/2017 at 9:50 am

A name can be changed by deedpoll with the father's consent. It will not affect CSA payments

Kelly 31/10/2017 at 10:07 pm

Hi, my daughter is 6 years old and I always had a lot of problems with her dad, now he has agreed and said he wants to remove his surname from my daughter's name and "stop being her dad" (his words to her) ?? as I change CSA as collet. Can i remove his surname? What can I Do? He keeps emotionally blackmailing us putting my baby girl and me in so much stress as am pregnant with his second child :/.

LawAndParents Editor 20/10/2017 at 3:26 pm

No, if you entered her name on the birth certificate and it's been that way for two years, you do not have to change the surname.

cat 18/10/2017 at 4:57 pm

Hi my daughter has just turned two,her biological father wants nothing to do with her because l was just a bit of fun according to him, he pays maintenance and thats it, hes not down on her birth certificate because l didn't think he was her father do l have to change her surname to his or can l leave it the way it is?

Minty 29/04/2017 at 1:48 pm

My daughter is 21 this year and is considering changing her surname to my new married one. Her farthers name is on her birth certificate but we left when she was 5 years old and he has never bothered with her. How does shr stand legally and what does she have to do to change it.

Many thanks

Naii 02/01/2017 at 1:50 pm

I'm 15 years old and 6months. My biological dad and mom broke up 5/6 years ago, my dad was rarely there when I was younger he was always out drinking and with other women, he has always favouritised my older brother who is currently 18. I also found out as a baby before I we born he wanted to have me aborted for a number of weeks before my mom turned round an said with or without him she would have me! 12 months ago we had an argument, his girlfriend who also treated me unequally compared to my brother and purposely pushed me out was also present, he stood shouting, swearing and even raised his hand to me in temper but did not actually hit me. This broke out into more shouting and swearing and in fear I called my mom and my great nan picked up straight away, ever since then I have gone no where near him or any of them and had no contact. After not having any contact with him for 12 months I have decided I want to change my last name to my mum and step dads last name. Is this possible with only my moms permission??

Mashy 29/11/2016 at 9:23 pm

My daughter has not seen or had any communication with her father (his choice) since July 2014. Do I need his consent to change her name as he won't communicate at all and does he still have parental rights considering he turned his back on her? Doesn't want to see her or communicate with her.

me 20/11/2016 at 8:35 pm

I would like to change the surname of my son. We have been together long time but now split up. He has been on the birth certificate however I would like to change his surname and move on. What is the procedure?

jj 17/11/2016 at 7:31 pm

My daughter is 1 yr both myself and her dads name are on the birth cert altho she has my surname at present. Her dad and I are now gettin married how do I change her surname to her dads.

LawAndParents Editor 17/11/2016 at 11:38 am

Yes you will need consent from the father or in his absence a court order.

Mazza 16/11/2016 at 10:53 am

My daughter has my surname and not her fathers , we broke up 6 years ago ,I've had another baby I get remarried soon , my daughter wants my new married name the same as her sister so she's not the odd one out , As she has my name do I still need consent from her father?

LawAndParents Editor 14/11/2016 at 2:22 pm

You have parental responsibility if you are the natural parent of the child and if you're the father, your name is on the birth certificate. A someone with PR, you have the right to a say in important decisions like where your child goes to school.

Rich man 12/11/2016 at 4:46 pm

My ex partner has moved house n move our son to new nursery n is refusing to tell me I do have parental responseablity how can I find out we're my child is ?

c 10/10/2016 at 8:20 pm

Can I change my daughters last name it was a mistake putting her so called father on it seen her twice in six months do I have the right

sweety 23/09/2016 at 9:33 am

Hi my ex is telling me he is leaving r daughter with his partner while he works which means she will only see him when he picks her up from school for an hr an when he drops her off at school in the morning i am not happy about this as my daughter only met her an started stayin there last wk an i havent a clue about her only that she has her own child 3 days a wk which makes me worried has he got the right to do this as he is not listening to anythink I say in the matter it's his way or no way i have battled with him for wks over him taking r daughter to meet her as he kept telling me it wasn't serious an kept running bk to me for a yr an he just took her without my permission last wk to stay in a new house in a room on her own an Met a new person all at once which I think is far to much for a 5 yr to deal with also I didn't have a clue where my child was stayin either he is very threating towards me an i just don't know what i stand

Rachael 29/08/2016 at 3:25 pm

Hi,
My daughters have gone to tjere fathers for a week
I've just found out he is working for that full week,but in the court order it states that he! Has to be there with them and not at work.
What can I do,he isn't answering calls and has turned his phone off.
Can I phone the police or can I go to the house of who is Loki g after them and take them back

LawAndParents Editor 08/04/2016 at 12:33 pm

If you cannot get consent you will need to apply to the courts for a court order (form C100) for a specific issue order.

Bee 07/04/2016 at 8:16 am

My daughter has not seen her biological father from birth for 9yrs ,is it possible to change her surname without her dad consent.

caz 23/03/2016 at 8:47 pm

Hi my daughter's not seen her father for nearly 5 years now she is 9 she wants to change her surname?is this possible without getting the father involved please?

laura 17/03/2016 at 1:56 pm

Hi. My 8 month old daughter has mine and my ex partners surnames, he is on the birth certificate but hasn't had any contact with her since she was 3 weeks old, would I be able to take his surname off without his permission, if I cant now would I be able to do it in the future if he's still not in contact with her.

Becmumma 12/03/2016 at 10:10 pm

My 11 year old son has been asking us if he can change his name by deed poll when me and my partner get married in two years. His biological father hasn't seen Him or his 7 year old brother for nearly a year now and wants nothing to do with them. Can I legally get their names changed in two years if they have no contact at all with them?

CD 05/03/2016 at 10:18 am

Hi, my husband's ex wife has double barrelled his childen's surnames without his consent; placing her name second and without a hyphen so that his surname gets dropped. She has registered them at the schools, doctors etc with the double barrelled name. My question is what can my husband do about it, where does he stand legally? He pays child maintainance every month (not via CSA) and sees the kids at least once a month (usually every other weekend). Are there any letter templates that he can use to clearly and succinctly point out that what she has done is illegal and request that she changes the children's surnames back to their original name before taking her to court? (Trying to resolve at the lowest level first). Also should he contact the school, doctors etc to highlight that they are not using the children's correct surname? Thanks in advance.

LawAndParents Editor 05/02/2016 at 2:35 pm

No she will need the consent of the father. The mother might claim that the father has no contact or cannot be traced, so it might be worth his formally recording that fact that he wants contact with his daughter (via a mediation service or the courts).

chocolatefingers 04/02/2016 at 9:34 pm

hi my partner ex partner wants to change her daughters name to her new married partners he hasn't seen the daughter in three years even though he wants to his name is on the birth certificate but she has her mums surname can she change her name through dead poll without his consent thanks

Nat 30/01/2016 at 11:07 pm

Hi my sons is 5 years old and hasnt seen his 'father' for over 2 years now. We went through court as he got into some trouble with the police and now is not allowed to see my son, which was ordered by the courts. I dont know where he is living or any contact numbers for him. My son has a double surname with mine n his dads surnames.. could i drop his dads surname and just have mine? Thanks

Angie 05/12/2015 at 1:22 pm

Hi when I had my daughter in 2003 I was with some one and put his name as father and used his surname as I'm not with him no more can I change her surname and how would I do it

mike 28/10/2015 at 8:48 pm

Hi. I have a daughter of 6 and traditionally married to her mom. i do everything for both of them but the wife doesn't wanna change surname of the child and herself. we are on separation now due to this problem. i still need my daughter use my name. how can I follow this procedure!

P 12/09/2015 at 7:24 am

Hi, my 15 yr old daughter was given my surname at birth and her father is not on her birth certificate but her father and I are still together and getting married next year. Can we change her name to his surname and add him to her birth certificate? I know I should have done it years ago but never got round to it!

LawAndParents Editor 25/08/2015 at 10:33 am

You can apply to the courts to change if the father will not consent to it. If he gives his consent you can simply apply to the deedpoll office using this form.

better off without h 22/08/2015 at 10:30 am

Hi, I split up with my son's dad about 6yrs ago we wer never married and my son has his surname (which is dirt in my town) I dont want the stigma of his dad's surname stopping my son achieving wot he wants in life, also after 14yrs my son's so called father and I use the term father loosely he's with someone else now and she has a kid and he said my son won't get another thing off him till he gets a DNA, I no he's the father but if he wants to hurt me fine but I won't stand back and let him hurt my son anymore, he doesnt pay child maintainance and hasn't seen my son for over a yr, can I change my sons name to my surname. Thanks

lou 13/08/2015 at 8:13 pm

Hi I want to change my son's surname do I need his dad's consent as his on birth certificate he hasn't seen our son for over a year or paid anything towards him for nearly 2 years I don't know where his living or work in either

Stressed 09/08/2015 at 8:35 am

My son has joint parental responsibility for his 3 year old daughter. The child has a double barrelled surname - our surname followed by the mother's surname. He and the mother were never married and split over a year ago. My son has access to his daughter most weekends. His daughter sleeps overnight. The mother has asked for a letter from my son, stating that he has no objections to her changing his daughters surname. My son stated that he does object because he sees no need to change his daughters surname and his ex has been told this. I received a text from his ex stating that if my son does not produce the letter, she will take this to court and she will ask for my sons name to be removed altogether. Can she do this?

LawAndParents Editor 06/08/2015 at 1:46 pm

You would need the father's consent to do this. Here is a link to the relevant form.

Jackabella 06/08/2015 at 8:10 am

Hi my son has my surname and I'm getting married so wanted to change it to my new married name. His fathers in the navy so regular contact is difficult but when he's home he sees him once a week and pays csa. Would I be able to do this?

LawAndParents Editor 31/07/2015 at 10:38 am

@Ozzyjazzy. If you genuinely do not know the whereabouts of your child's father, and he has not been in contact for a substantial period of time, you can apply to the deedpoll office via these forms. They will let you know whether a court order will be required after looking at the circumstances.

Ozzyjazzy 29/07/2015 at 8:06 am

Hi I split from my ex partner over 9 years ago know and he doesn't have anything to do with my son, he hasn't ever paid a penny either. He has moved again so I dont know where he lives. I'm with another partner and have another child, my son from my previous has been asking to change his surname to the same as me. But my ex partner is his father is on the birth certificate , but he has nothing to do with him like I've said. Can I change it with out permission

legend 19/07/2015 at 7:49 pm

ive been split for nearly two and half years from my ex , she recently got remarried now decided she wants change my kids names, I was their at birth and signed birth certificate, I speak to them every day and see them wen I can cuz of work I also pay maintance without fail , can she do this without my say so , school s , doctors or anything this breaking my heart as I love them very much

Titch 16/07/2015 at 5:58 pm

I recently got married and my daughter who is 17 has my maiden name but would now like to change it to my married name. How do igo about changing it. Thanks

LawAndParents Editor 01/07/2015 at 11:20 am

@Emskb. No the change of name will not make any difference to the maintenance.

emskb 28/06/2015 at 5:11 am

My ex husband and children's father hasn't tried to contact them or see them for over a year and recently quit his job so he wouldn't have to pay maintenance for them. My son is 13 and although he's never had a good relationship with his father (he left when he was 4 and my daughter was 1) he now feels totally rejected and angry. This has been made worse over the past year when there's been no contact or birthday cards - just nothing. My son wants to change his name to my maiden name. I know I need his dad's permission but as there's been violence in the past, I don't think it'll be rejected if we go to court. But the only thing that's stopping him is that he thinks his dad won't have to pay any maintenance for him if he changes his name, and we are living on a low income and benefits. Is this true? Or does he continue having to pay until my son is 18? Please help - it's actually ruining my sons life because he desperately doesn't want to be connected to his dad. It's not a whim - he first asked me if he could change his surname 5 years ago when he was 8!!

LawAndParents Editor 24/06/2015 at 9:43 am

@Jiindel. Yes you can give a baby whatever name you choose.

jindel 19/06/2015 at 7:01 am

me and my boyfriend were planning our marriage about a year ago, and when all was set on june 11, 2015 an accident happened, he was hit by a ragging motorcycle last april 22,2015 and got coma for 5 days and after 5 cardiac arrest he loss his life and left me with our baby on my womb. im 15 weeks pregnant and i want to name my baby after his father not just because it was my promise to him before he died but because i want my baby to become his junior. is this possible? even if were not married? please help me... thank you

LawAndParents Editor 04/06/2015 at 10:31 am

@geordie11. There's not much to be gained from a prosecution. Now that your daughter is over 18 she can use/choose whatever name she likes etc. Better to just enjoy the new relationship with your daughter and grandchildren.

geordie11 01/06/2015 at 8:43 pm

After 28 years of searching I have found my daughter only to discover her mother had changed her name without parental consent, when she was 8, apparently she demanded the school my daughter was attending call her by her new husbands name, no documents, no paper work,at 18 she asked her mother for these documents and was told they did not exist consequently she can't get a driving licence or passport as she can't prove she had been using that surname. She now has an original copy of her birth certificate with my surname on it I registered the birth of my daughter myself. I now find myself the proud Grandfather of 4 beautiful children and a son in law.What would be the consequences of these actions for her and could her mother be prosecuted.

LawAndParents Editor 22/05/2015 at 11:04 am

@passionflower. You will need to apply for a court order to change the name without the permission of the father. This should be straightforward if there has been violence involved and injunctions are in place. This is the form you'll need

Passionflower 19/05/2015 at 8:19 pm

My daughter has her fathers surname, which is on the birth certificate. He has been to prison for domestic violence and an injunction is in place for 2yrs against my house and myself. I want my daughter to have my surname. Do I need his permission if he has no parental responsibility. He has never proved for his daughter or done anything positive for her and is not trying to get custody or fight to see her? Thanks. This is mainly for passport reasons and as she is under 2 she knows no difference at present.

LawAndParents Editor 30/04/2015 at 12:16 pm

@Sweetpea94. You need to get the father's consent to change your daughter's surname. If you remarry your new husband can acquire parental responsibility by either (a) applying to the courts for parental responsibilty or if a residence order is made in his favour (a joint residence order with the mother would be the norm). If you do not marry your partner cannot have parental responsibility.

Sweetpea94 25/04/2015 at 11:00 am

I have a Daughter who is coming up to 19 months. Her father hasn't really been involved, but me and my ex are trying to sort that out. I have a new partner, and was wondering for future reference. If my Daughter, should I get married one day, can have her name changed to my new name, rather than retaining my maiden name. Also how can my new partner get parental responsibility without severing the ties to her biological fathers family?

LawAndParents Editor 23/04/2015 at 10:43 am

@johnw452. Yes if you have parental responsibility, your consent should have been given before any names were changed.

johnw452 20/04/2015 at 5:41 pm

My ex wife changed name of our 4 children without my permission my youngest gas just turned 15 no court order is this legal and can I do anything about it

LawAndParents Editor 08/04/2015 at 10:34 am

@angelica. Yes, this decision will have to be made in the courts if you cannot agree between yourselves.

angelica 05/04/2015 at 8:41 am

Hi me and my child's father were never married but he is on the birth certificate. My son has my surname not his father'. I am due to marry and want to change my sons surname so he is the same as his brother and me (no one will be using my old name) my ex has refused to agree to the name change as he doesn't want me to marry. Will I have to go to court?

LawAndParents Editor 02/04/2015 at 10:11 am

@Lucy. One parent cannot change the name of a child without the other parent's consent, if they both have parental responsibility (which as the mother you automatically have). To change the name, your husband would have to get a court order...which would most likely be refused you objected.

Lucy 30/03/2015 at 11:30 am

I am married I never changed my surname. My son has my husbands surname but my daughter had mine. We are in the process of splitting up and he keeps being nasty saying he will change my daughters name to his. He's demanding her birth certificate. What rights do I have cause I want her to stay with my surname. His family treated me and my kids badly and basically ignored my children so I stopped contact with them and moved. I am more settled but need to know my rights as their mother.

LawAndParents Editor 19/03/2015 at 11:14 am

@jade. Yes this is more of compromise than simply trying to change a child's name and is in fact suggested by the deedpoll office as you'll see

Jade 17/03/2015 at 11:43 am

I have 3 children's from a previous relationship. We spilt 4 years ago we where on and off he's never really bothered with the kids. I have met some one else and am due to marry 2017 there real dad doesn't provide for them I have had a CSA on him for 4 year and haven't received a penny he's on there birth certificates they have he's last name was wondering if I would be able to double barrel and put our name on when we marry

LawAndParents Editor 16/03/2015 at 11:22 am

@jhen. You can apply to re-register the birth if you, as the natural parents get married at a later date. here's how to do it

Jhen 12/03/2015 at 11:51 am

I registered my daughter recently,I decided for her to have double surname(my current surname and her dad surname) because her father and I are not married yet.

However,my partner and I are planning to get married soon and after marriage we want our daughter to have one surname which is her dad surname alone,but my question is,is it possible to put my current surname on her certificate as her maiden name once we took it off from her surname?I hope to read some advices from you soon.Thank you.

LawAndParents Editor 13/02/2015 at 1:47 pm

@My life :) If the father is deceased then there should be no problem with your changing your child's surname by deed poll.

LawAndParents Editor 12/02/2015 at 12:49 pm

@toesha. It's unlikely that an adoption order would be considered. If you cannot get your ex's consent to change her name then you could try this option on the deedpoll website.

mylife:) 11/02/2015 at 1:09 pm

hi i am due to get married next year will i be able to change my daughters surname to my NEW surname when am married. my daughters father is on the birth certificate but he has died and we wasnt married.thank u.

LawAndParents Editor 12/02/2015 at 2:45 pm

@jemz. You'd have to apply via deedpoll. If the father gives his consent that is straightforward. If not, here is more information.

jemz 10/02/2015 at 12:34 pm

Hi my daughters (dad) has changed his name by deed pole he hasn't seen his daughter in over a year doesn't provide for her where do I stand about changing her name to mine as his name is different to what is on her birth certificate ? Thanks

Kate 04/02/2015 at 6:22 pm

Hi just need some advise my son is 9 years old and wants to change his surname to my surname as he has had a few issues with his dad he refuses to go to contact I take him to the meeting place but my son refuses to get out the car he says he hates his dad and that stems down to him getting out of prison just over a year nw and courts came him contact order but I can't force my son out the car and for about 3 years he has wrote his surname in school because he hates anything to do with his dad were are my legal rights here we did change his last name to a prefered name so it helped my son to settle in school but his dad found out and nw the school have to change it bk it so upsetting to see my son this way

LawAndParents Editor 12/01/2015 at 12:12 pm

@decio. No she cannot change it without your permission. To deny her daughter access to her father because of this is very immature and potentially damaging to the child. If she denies you access, you may have to resort to the courts to ensure an access/residency order is enforced.

decio 09/01/2015 at 7:24 pm

My ex partner has asked if she can change our daughters name becasue she is getting married, i have said i want her name to stay the same as most fathers would, but now she is saying that she will not let me see her anymore untill i give permission to the name change, my daughter is 7 and i have had very regualar access and paid maintenance since birth! Can she change the name without my concent and is there anything i can do about the access if it stops?

LawAndParents Editor 08/01/2015 at 2:38 pm

@phil. yes you still have to pay for her, but you could take some action to get some time with your daughter?

phil 07/01/2015 at 12:27 pm

My wife had an affair when our daughter was three. I was working away from home at the time so decided to keep away when I found out about my wife. I missed my daughter but could not face seeing her mum. Time passed and then I felt it had been too long and they may of moved so could not contact my daughter. I have paid CSA since she was three but recently through an error on my CSA papers I found my daughter was using another mans surname. I then contacted through Facebook but her mum put a stop to it. My daughter is now fifteen. Do I still have to pay for her if her mother will not let me contact her and her surname as changed to her stepfather?

Sammyb 26/12/2014 at 10:44 pm

Could you give me some advise and information. Can my 8 yr old daughter change her surname at school, doc etc be known as her new name to friends/family. She has little contact with her father but he is around. She does see him at times. Thanks. Where does she stand in this matter.

LawAndParents Editor 11/11/2014 at 12:47 pm

@AdvicePls. Unfortunately you cannot change the name without the father's consent. If you tell your daughter's granny of your plans, perhaps she will contact him on your behalf?

Boodagurl 10/11/2014 at 8:56 pm

My partner and I just had a baby boy Nov 5th. We would like his name to be Namaste' only. Do we HAVE to register him with a last name?

Advice Pls 10/11/2014 at 7:23 am

I have a four year old daughter. Her father and I separated when she was one years old, we were never married. I registered her on his surname, as at that time we were planning on getting married. In the last three years is he has made no effort what so ever in making contact with her. He does not support me in raising her in any way. She still visits her granny on the father's side, I do have a suspicion that she phones him so that my daughter can talk to him, which upsets me, but I'm not there when she visits her gran so I can't be of 100% sure of this.
My question is : I am getting married to someone who is good to her and myself - he wants to adopt her, put her on his surname. How do we go about this if I have no idea where her dad is, if I phone the number I was given by her gran it rings.
I honestly have no idea what would be best for her in this situation.

LawAndParents Editor 22/10/2014 at 2:40 pm

@cheeky. Your 18 year old can choose whatever name he likes but you will still require your ex's permission to change the 13 year old's. You could apply to the courts, but it may be costly and possibly unsuccessful.

Cheeky 20/10/2014 at 9:09 pm

Hi my daughter is 13 and my son is 18 . I was wondering if I can change there names without there furthers permission. He has not had contact in 3 year or slightly more . He is on the birth certificates but like I said he has had no contact . Thankyou and I look forward to your email

treacle 15/10/2014 at 9:48 am

My children want to have their step fathers name, they are under the age of 16 but are always begging me to change their name and it breaks my heart. Their biological father is on their birth certificates. He does pay csa but if I have to give that up so the children can change surname I will as I just want them to be happy. Can I change their surname or does he have to give permission? Please help and advise me. Thank you.

User111 28/09/2014 at 8:40 pm

Hi, im 15 years old and will turn 16 in september. my mom has been married to my step-dad for 8 years and i havent seen my biological dad since I was little. I am called by my step-dads surname in school etc. however, its coming up to my GCSE and i want to legally change my surname to my step-fathers surname however, i have no communication with my biological dad. Is there anyway i can change my surname legally without his permission or do i have to wait until im 18?

LawAndParents Editor 17/09/2014 at 10:03 am

@Raychell Edwards. You would need to have consent from your daughter's father in order to change her surname.

Layla 16/09/2014 at 6:59 pm

Hi my daughters biological father lives in the USA and I live in the uk, can I get her surname changed to my married name? I was never married to him and since then have got married and had 2 more children with my husband! So would like my daughter to share the same name as me, my husband and her two siblings? Or at least include my married name with her surname? Thanks

Raychelle Edwards 14/09/2014 at 11:23 am

Hi my daughter has my maiden name and her father is on the birth certificate but she doesn't have his surname.. I wish to marry soon and wondered if I could change her name to my new husbands surname of which mine will be as well quite easily or do I have to go to court etc

LawAndParents Editor 09/09/2014 at 1:49 pm

@Titan. Yes you should have gained your husband's consent to change the name by deed poll for the purposes of official documents. However they can have a 'known as' name of anything you choose as the parent with the main residency/contact. You have explained everything to the deed poll office - if your husband wants to take this through the courts then he can...and it would be up to a judge to consider all the circumstances.

Titan 08/09/2014 at 9:00 pm

My daughters father has not seen them or contacted them in the past 9 moths and ignored both their birthdays. In the past 3 years he has seen them a total of 79 times.
My eldest 7 has been undergoing councilling for medical reasons which is linked to his abandonment of them and her understanding of his neglect.
I sought how to change to their surname to mine to reassure their stability in my family unit as no one from their fathers family bother with them anymore either.
I contacted a deedpoll service and ticked to be accepted on the grounds of absent father and without his consent and including a cover note of details it was granted.
It was not obtained through lying I admitted staright up it was without no his consent but the official docs were still sent.
I changed their name at docs and school using this but obviously he has found out and his soliciotr wrote to me.
I was under the understanding only a judge can enforce this change back now?
Both my children are very happy with their surname as mine and so I am wondering what I need to do now. do I apply for a court order to change it on all of the above grounds?
Thanks

lanas mom 20/08/2014 at 2:37 pm

my daughter is 11 yrs old my fiance has been raising her since she was 3 months old we want to get married and change her last name to his her biological father has never been in her life never paid a dime and is not on the birth certificate but paternity has been established can i do this without his consent ??

Koo 19/08/2014 at 10:49 pm

Hi there,
I have three girls, two by a former marriage and one with my current husband. The biological father of my eldest children is American and has relocated back to the states and therefore has very little to do with the girls. Before he left he agreed to adding my husband to parental responsibility and this has been registered. My eldest who is almost ten wishes to change her surname to her step fathers and I would like to change my second child's also. As their biological father is no longer in this country can this be done without his consent?
Many thanks

elliem 18/08/2014 at 7:38 pm

Hi my daughter is 2 and a half years old Her bio farther has never had anything to do with her since she was about 4 months old. He died in a car crash a couple months ago and i am wanting to change her surname to the same as mine is that possible??

gcstar 14/08/2014 at 1:31 pm

Hi, im a father of a 15 nearly 16yr old girl, she now lives with me and my family, as she had a relationship breakdown with her mother. When my daughter was very small, my ex partner changed her surname to her family name, without my permission. My daughter now wants to change her name back to my name, which is on her birth certificate. I have asked my ex for the change of name deed for her name now, but she 'cant find it' and has made numerous excuses so not to give it to me. Is there anyway i can check she has actually changed it to her name, as i now have doubts she done it legally in first place and how do i go about changing it back?

Nic 09/07/2014 at 12:49 am

I'm 21 and my mum and dad split when I was about 6. He has never paid for us or provided us with anything. My step dad has done everything did me in the last 10 years. Would I be able to change my surname to my stepdads? If so how would I go about it?

nonni 08/07/2014 at 7:07 pm

My daughter gave my granddaughter her surname and the child's father's surname, the father m has had no contacts since she was 6months old she is now 2, my daughter would like her to be known by her surname, can she do this and what would happen when she goes to school would she have to revert back to using her fathers name. Thanks

LawAndParents Editor 17/06/2014 at 11:25 am

@headache. It depends whether he has parental responsibility. In the UK, fathers do not necessarily have parental responsibility (PR) unless they are/were: (a) Married to Child's Mother (b) If the child was born on or after 01 December 2003, and the father is named on the birth certificate, he automatically has PR. (c) If the latter is not the case he will be unable to register his name on the birth certificate without your permission. (d) If your daughter's father has ever been part of a residence order determining where and with whom she lives with he will have had parental responsibility. Even if he does not have PR, he can attempt to apply for it in order to withhold his consent.

headache! 15/06/2014 at 2:42 pm

Just wondering, i recently got married and i have changed my surname and i want to change my daughter's, she has my maiden name but her biological father wants me to keep her name as my surname. He is not on the birth certificate as he refused to go on there and sees her twice a year if that and doesn't help me financially. Where do i stand?

Wgemma 21/05/2014 at 5:39 pm

I'm just wondering what I would need to do to change my daughters last name to my own? I'm due to have another baby soon and will be taking my name so I want all three of us the same. She doesn't see her father anymore and he doesn't pay towards her and never has. I'm her full time care and raise her alone. What will I need to do? I am not in contact with him anymore .

charl 10/05/2014 at 11:55 am

hi there can anyone help? my daughters 5 years old six this year. she has my exs surname, but she has always been know as my last name. but the dentice and doctors and pass port place will only accept her name stated on her birth ceritficte. she herself only knows her last name is the same as mummys. she knows nothing about her bio father! she only knows my parnter as her daddy as he has been there since she was 6 moths old! i have no idea were he is at all!! i want to change her name, and also how does my parnter go about having some if any legal rights to my daughter?

WendyP 11/02/2014 at 1:01 am

My daughter has my surname as he biological father left me when i was 9wks pregnant. I have been in a new relationship for over two years and he see's her as his own daughter. When we get married how can i change her surname to his so we all have the same name?

bp 05/02/2014 at 10:29 am

Can I sue my stepfather and/or biological father for being legally adopted aged eight and have my surname changed?

needadvice 04/11/2012 at 10:34 pm

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.

chan23 21/09/2012 at 12:37 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?

Stanley 10/08/2012 at 3:49 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 father for 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???

TR 09/08/2012 at 6:36 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?

Bb 01/08/2012 at 8:26 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?..

noodles 11/07/2012 at 7:37 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

Conniebygaslight 21/05/2012 at 1:12 pm

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...

kirsty_87 13/05/2012 at 7:19 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?

samandruby 12/04/2012 at 10:49 am

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

storm 17/11/2011 at 6:41 pm

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 ?

LawAndParents Editor 19/09/2011 at 10:05 am

@laugh-a-lot - you will need to get permission from her biological father or take it to the courts.

laugh-a-lot 16/09/2011 at 6:54 pm

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

vidie 14/09/2011 at 5:54 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.

MissIndependent 01/08/2011 at 2:35 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

tayalou 11/07/2011 at 10:59 am

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?

Ned 04/06/2011 at 11:33 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?

Gh x 11/04/2011 at 12:57 pm

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.

clairebear 27/03/2011 at 8:01 am

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.

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