How to legally change your child’s name
There are many reasons why you may want to change your child’s name, but unfortunately it isn’t always a straightforward process. To answer the question “Do I need a Solicitor to change my child’s name?” depends on the specific circumstances but in this article we aim to provide some initial guidance.
Who do I need consent from in order to change my child’s name?
In most cases, you will need permission from anyone with parental responsibility for your child in order to change their name. This will usually include the mother and father, but can also include other relatives including step-parents and grandparents if they have been granted parental responsibility by the court. After the child has turned 16, they are able to change their name themselves and consent is not required from either parent. Once you’ve received consent from everyone with parental responsibility, you can change your child’s name by seeking a deed poll through the gov.uk website.
What is parental responsibility and who gets it?
Parental Responsibility names the bearer(s) as responsible for the child’s upbringing and wellbeing as is legally defined as ‘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,’ in the Children Act 1989, section 3(1). Note that having parental responsibility does not necessarily grant you rights over the child. The child’s mother automatically gains parental responsibility when she gives birth to her child. The mother’s husband may gain parental responsibility if they are married when the child is born, even if he is not the child’s biological father. For unmarried parents, the father can gain parental responsibility if he is named on the birth certificate (as long as the child was born after 1st December 2003). If you and your spouse adopted a child together, you would likely have both gained parental responsibility for them. See“What is a child arrangement order?” for more information on parental responsibility, which includes information for same-sex couples. Need family law advice? Our experienced solicitors are happy to provide you with a free initial phone consultation. For more information visit Family Law and Divorce.
Do I still need the father’s consent even if he does not have parental responsibility?
Even if the child’s father does not officially have parental responsibility, he can still make an application to change his child’s name back to the original if he has regular contact with his child. While this may be a difficult conversation, we therefore advise you to seek consent from the father before trying to change your child’s name.
What if I cannot get in contact with my child’s father/mother?
If you do not know the whereabouts of their father/mother and they have no contact with the child, you can take steps to change the child’s name if you can prove you have made sufficient attempts to contact the other parent. Whilst you can change the child’s name via deed pool, you may be limited as to its use if you do not have the other parents’ consent. For example, the Passport Office may not grant a passport if the other parent has not provided consent for the change of name or you do not have a Court Order. Therefore, it would be advisable to make an application to Court and seek an Order that the child’s name can be changed. You will have to show evidence that you have tried to locate their father/mother but have been unable to do so.
What if my child’s father/mother does not consent?
If consent is not given, you may have to make an application to Court. Before allowing you to change your child’s name, the Court may require you to prove that changing their name would be beneficial for their wellbeing. Courts prioritise the wellbeing and interests of the child above all else in most family matters, so you will need a reason before you can change their name. Some things the Court may take into account include:
- The reason why you want to change your child’s name. If you just want your child to have the same surname as you, this may not be a very strong argument!
- Your child’s wishes and feelings in regards to changing their name (depending on their age)
- Any factors that may arise in the child’s future if their name is changed
- Any changes in the child’s circumstances since their birth was registered which may have an impact
How much does it cost to change my child’s name?
If everyone with parental responsibility gives consent, it will cost £48.32 (at the time of writing) to change your child’s name via a deed poll. Otherwise, at the time of writing it will cost £232.00 to apply for a court order. You may also need to pay legal costs. In these circumstances it’s advisable to instruct a family law solicitor to help to change you child’s name.
Can I change my child’s first name without consent or a court order?
Perhaps your child chooses to go by a nickname or a different name that is not stated on their birth certificate. Some schools allow the child to be called by another name by allowing you to register a “known as” name – while all of their official documentation will still include the name on your child’s birth certificate, it can ensure that their teachers and peers refer to them by their preferred name.
How Starck Uberoi Solicitors can help
Should you need to go to court, our Ealing family solicitors can help you. Our team have over 20 years’ experience handling a wide range of legal family matters and can provide pragmatic legal advice whatever the circumstances are. We are dedicated to providing the best service for our clients and will support you from start to finish. To book an appointment with our family lawyers, please call 020 8840 6640 or email solicitor@starckuberoi.co.uk. Our offices are located in Brentford, Ealing, Richmond, London Belgravia and Canterbury, all within easy reach by public transport. Our partner, Raminder Uberoi, can also provide a Notary Public Service at any of our London offices.
YOU MAY ALSO BE INTERESTED IN:
Who gets the house in a divorce UK?
Does having a new partner affect divorce settlement UK?
How to calculate buying someone out of a house UK
What is a Child Arrangement Order?
Financial Provision for Children
Are there good reasons to vary a child arrangements order?
Desertion and Divorce: Your Options
Schedule 1 Children’s Act 1989
Obtaining a Prohibited Steps Order to Protect your Child’s Safety
How do you start the process of divorce?
What is a Child Arrangement Order?
5 Reasons Why You Need a Prenuptial Agreement Before Marriage
International Divorce Solicitors, London, UK
What is a Prenuptial Agreement and why are they important for for Marriages and Civil Partnerships?
