Changing a child's surname is a common cause of conflict between parents, especially if they are separated, newly married to another partner or were not married to each other at the time the birth was registered. So who can change a child's surname and how?
Anyone can change their name by deed poll (using a deed of change of name) but sometimes additional consent from other parties with parental responsibility is needed. Your birth certificate will not normally be changed as this is a historical record of your name at birth.
What is a Deed Poll?
A Deed Poll is a legal document in which a person agrees to carry out an action set out in the document. For a Deed to Change Name, a person is simply agreeing to change their name and going forwards be known by their new name.
Who Can Make an Deed Poll Application?
For children, an application will need to be made by their parents using a specific application for minors. Importantly, all those with parental responsibility will need to consent to the name change.
If a care order is in place, the Local Authority will have parental responsibility so must consent to the name change. Speak to your case worker to discuss your reasons for wanting the change and to obtain their consent.
What is Parental Responsibility?
Parental responsibility as defined by S.3(1) Children Act 1989 is: 'all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property'.
Essentially, it is the power to make practical and important decisions about a child such as where they go to school, where they live and what religion they follow.
Do I have Parental Responsibility?
Below is a breakdown of all those who have automatic parental responsibility:
- Mothers (regardless of whether married or divorced)
- Fathers married to the mother at the time of birth (and this is not lost if they later divorce)
- Fathers not married to the mother at the time of birth but who later marry the mother
- Anyone with a Parental Responsibility Agreement or Order from the Court providing Parental Responsibility
- Anyone whose name is registered on the birth certificate (even if unmarried) after 1 December 2003
- Anyone with a Residence Order prior to 22 Aril 2014
Check your legal rights as a parent on education, health and welfare decisions.
Try our Parental Rights Checker free, here on this site →Why Change a Child's Name?
There are many reasons why parents may wish to change a child's name and so this is really an endless list. However common reasons given include:
- Parents have split up following birth of the child and one parent no longer has contact with the child
- Parents have got married after birth of the child and wish to change the child's name to match their married name
- A parent is distressed that their child has the same name as an abusive former partner and this may have an impact on their care of the child
- The child has not been known by their legal name for a long period of time and is no longer known by that name
- A parent wishes all their children to have the same surname
If you need assistance with changing your child's name, speak to your local Citizen's Advice Bureau who can often provide free and independent legal advice.
Below are some answers to questions we're commonly asked.
What if the Other Parent Objects to the Name Change?
If one (or more) parties with parental responsibility will not consent to the name change, then you can apply to court to change a child's name. You will need to apply for a Specific Issue Order. The court will determine any such application by considering what is in the best interests of the child.
What if the Other Party Cannot be Contacted to Consent?
Sometimes a party with parental responsibility cannot be contacted (eg a father who was named on the birth certificate after 1 December 2003 but who has split from the mother and is no longer involved in the child's life).
In that situation it is possible for a child's name to be changed by deed poll. However the parent making the application must have made reasonable attempts to try to contact the other party/parties with parental responsibility. The deed poll service will want to see evidence of attempts to make contact. Evidence of this should normally include:
- Writing to the person's last known address (keep a copy of the letter)
- Emailing the person's last known email address (keep a copy of the email, and any can't deliver message if applicable)
It is important to note that even if the deed poll service allows a child's name to be changed in these circumstances, the passport office may still refuse to accept the name change. This is because they often use a more rigorous test when assessing whether reasonable attempts have been made to contact the other party. This is largely due to child abduction concerns. It is often better to consider applying to the court for an order permitting the change in these circumstances. Without opposition from the other party, an order is more likely to be granted.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
What if My Child's Name Has Been Changed but I Don't Have Parental Responsibility?
If a party without parental responsibility discovers that their child's name has been changed, they can apply to the court for the change to be reversed. There would however need to be a good reason for this.
[TIP: If you are applying to the court for a name change reversal, it would also be a good idea to apply for a Parental Responsibility Order at the same time. This will prevent further decisions (e.g your child's medical treatment, or where they will live) being made without your consent, or a court order.]
Can I Just Call my Child Something Different Without Changing their Legal Name?
A child can be given a "known name" which is different to their legal name. This is just similar to using a nickname. The child's true legal name will however still need to be used on official documents, such as academic certificates, and when for example registering your child at a doctors.
If a party with parental responsibility does not agree with the use of the child's "known name" then they can apply to the court for an order to stop the "known name" being used. The court is only likely to grant such an order with good reason though (e.g just because you dislike your son William being known as "Bill", you will not be given an order by the court to prevent this). It is therefore important if contesting this to clearly set out your reasons for the objection.
Where do apply for a Deed Poll application form?
There are many websites offering a service to change your name by deed poll but you can do this yourself directly via the government website here
I have a daughter who's surname is inder her real dad surname but we dont have any contact to the real dad anymore and it's been 3years now. Im hettong married to my new partner this upcomong year amd we are planning to possible change the last name of my first born child to the last name of my partner. Do i need to first ask my partner to legally adopt my kid before changing last name or can i already file change last name ?
During the pregnancy of our second child my ex wife and I agreed to change our first child's surname ( as our second child would have just my surname) so we would all share the same family name, which would have to be done via deed poll.
My ex wife and I seperated shortly after the birth of our second child and never had the opportunity to change our first child's surname.
My ex wife has filed for our second child's surname to be changed and include her maiden name as our first child.
How likely are the courts grant my ex wife's request?
for example: her current name is Lisa BOLD
I want to changed it to Lisa BOLD JONES or Lisa JONES BOLD
Thanks
My daughter dad is classed as medium risk towards adults and children he doesn't have contact at all with my daughter she's 4 this month and was wondering how I change my daughter's surname as she has her dad's and I would like her to have mine as I'm now married and he's like a dad to her I don't know his whereabouts or have his contact details.
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