How to change a child’s surname

After a divorce, civil partnership dissolution, or separation, a parent may wish to change their child’s surname to match their own or that of a new partner. Other situations may also arise where either a parent or the child themselves wishes to change the child’s name.

However, such a significant change often raises questions: Do both parents need to consent? What happens if one parent objects? Can a child decide to change their own name? To answer these questions, it is important to understand the legal position and how the law regulates changes to a child’s surname.

What is the legal position?

Where there is already a Child Arrangement Order in place directing who the children should live with and who they should spend time with, the changing of a child’s surname is regulated by Section 13 of the Children Act 1989, which states that, “no person may cause the child to be known by a new surname… without either the written consent of every person who has parental responsibility for the child or the leave of the court.”

Where there is no Child Arrangements Order in place, then the position is that all those with parental responsibility can agree to change a child’s name. In default of an agreement, an application may need to be made to the court.

What is parental responsibility?

Parental responsibility is defined as all the rights and responsibilities a parent has in relation to their child.

A birth mother will automatically have parental responsibility for their child, whereas the father will only have parental responsibility automatically if he is married to the mother at the time of the child’s birth or marries the mother after the child’s birth. Otherwise, the father must be named on the child’s birth certificate, enter into a formal Parental Responsibility Agreement with the child’s mother or apply to the court to be granted parental responsibility. Other individuals can also have parental responsibility in limited circumstances, for example, step-parents (by agreement or court order), adoptive parents, or guardians appointed on the death of a parent.

How can a child’s surname be changed?

The easiest way to change a child’s surname is with the consent of all those with parental responsibility.

Where only one parent has parental responsibility, that parent can lawfully change the child’s name without the other parent’s approval; however, it is best practice to discuss this with the other parent before any changes are implemented.

Whilst a child can be known by a different name informally, this can often cause confusion. It is therefore not recommended that a child start using a different surname in everyday life without any official or formal change.

When all those with parental responsibility consent to a name change, a Change of Name Deed is the most straightforward and cost-effective process to formalise the change.

Change of Name Deed

A Change of Name Deed is a formal document evidencing a change of name.

A Change of Name Deed can be used to change a child’s name for all purposes to include on their passport, their medical records and within the education system.

The Deed will record the child’s former or birth name and confirm by what name the child shall be known moving forward. It should be signed by all those with parental responsibility to demonstrate their consent.

When seeking advice online, you may come across the terms ‘statutory declaration’ or ‘enrolled deed poll’; however, Change of Name Deeds are far simpler and, providing they are properly prepared, they are accepted by the Home Office and other government bodies and organisations.

Specific Issue Order

In the absence of consent from all those with parental responsibility, the parent or other person wishing to change a child’s surname must apply to the court for a Specific Issue Order. When considering such an application, the court’s paramount concern is always the child’s best interests. Because a name is regarded as an integral part of a child’s identity, applications to change it are carefully scrutinised and will only succeed where there is clear evidence that the change would benefit the child’s welfare.

The court will also take into account the child’s own wishes and feelings, where these can be ascertained. However, court proceedings can be both lengthy and costly, so pursuing this route should not be taken lightly.

Other changes to a child’s name

Whilst the above addresses surnames specifically, the same principles and process apply for children’s first and other names.

It may also be that a child wants to change their name, whether it be a first name, surname, or both. Where all those with parental responsibility agree, a Change of Name Deed can be entered into. Where the change of name is not agreed, an application should be made to the court, which will consider the welfare of the child as well as the child’s own wishes and feelings.

Children are able to change their own name, without their parents’ consent, via a Change of Name Deed from the age of 16. However, should they want to change their name via an enrolled Deed Poll, they will need the consent of all those who share parental responsibility until they attain the age of 18.

Please note that this information is for general guidance only and should not substitute professional legal advice. If you have specific concerns, we recommend consulting one of our legal experts.