Changing a Child’s Name – Everything You Need to Know
Changing the legal name of a child under the age of 16 requires the consent of both parents who have parental responsibility (PR) for the child. This blog, written by Rebecca, a specialist family law solicitor at Fraser Dawbarns, our exclusive family law solicitors in Kings Lynn and Wisbech, outlines the legal requirements, consent considerations, and available procedures for changing a child’s name.
Parental Responsibility
Changing the name of a child under 16 years old legally requires the consent of both parents if they both have parental responsibility (PR) for the child.
Mothers always have parental responsibility unless this has been removed or restricted in any way by the court. Fathers have parental responsibility if they are married to the mother, or their name is on the birth certificate.
It is also possible to apply to the court for a parental responsibility order or to enter into a parental responsibility agreement. Most parents know if their child’s other parent has PR.
Obtaining Consent
If you are seeking to change your child’s surname, it is sensible to obtain the other parent’s consent in writing, so you have evidence they have consented.
If the other parent does not have PR, we still advise parents to obtain their consent, particularly if they have an ongoing relationship with the child. Changing a child’s name can be a sensitive issue. Many parents will not consent to a name change as they like to ensure the child retains the family name.
Legal Consequences of Changing Your Child’s Name Without Consent
If a child’s name is changed without the consent of the other parent (with or without PR), that parent can apply to the court for a Specific Issue Order for the court to change the name back.
In such circumstances, the court will often grant such an application because the name of a child is very important as it forms part of their identity.
Even if the parent applying to have the name changed has little or nothing to do with the child, the court can grant the application and restore the original name.
In fact, if the name is the only connection the child has with that parent, there is a very strong chance the court will restore the original name. It can be extremely difficult to persuade the court to agree to change a child’s name but in unusual circumstances, it can be done. For example, we successfully persuaded the court to change a teenager’s name after her father had been sent to prison. The teenager was as keen as the mother for the name change to take place.
Child Arrangements Order and Special Guardianship Order
If there is a Child Arrangements Order or a Special Guardianship Order in place, then legislation prevents any person causing the child to be known by a different surname without the written consent of everyone with PR.
Historically parents would simply register the child at school under the new name, without formally changing the name. It is relatively common to come across 15/16 year olds who have always been known by one name and then discover their exam certificates will be in the name on their birth certificate.
What Age Restrictions Are There?
Anyone over 18 years old can change their name whenever they wish to do so. Sixteen to 18 year olds can change their own names without the consent of their parents but the name change may not be recognised by certain bodies. For example, the Passport Office has a policy in relation to this and can refuse to issue a passport in the new name in some circumstances.
How to Change Your Child’s Name
If you have your co-parent’s consent, or a court order allowing you to change the name, you can apply for a Change of Name by Deed Poll which is effectively a certificate acknowledging the change. There are Deed Poll companies available, and you would need to apply to them for the name change.
Alternatively, we can prepare a Change of Name Deed. We would only agree to do so if you had the other parent’s consent.
It is also possible for the parent wishing to change the name to apply to the court for a Specific Issue Order but, as stated above, such applications are unusual and rarely successful.
In certain limited circumstances it is also possible to amend the child’s birth certificate but the details of this are beyond the scope of this article.
Contact Fraser Dawbarns LLP
This expert advice was written by Rebecca Woodley, Solicitor and Senior Associate at Fraser Dawbarns LLP
Rebecca specialises in Family Law and is a member of Resolution, an organisation of family law professionals working with families and individuals to resolve issues in a constructive way. Rebecca likes to deal with cases amicably and by agreement, as this leads to significantly better outcomes for the whole family. You can find out more about Rebecca here: https://www.fraserdawbarns.com/people/rebecca-woodley/ and our wider family team here: https://www.fraserdawbarns.com/services/family-law/
Contact us at Fraser Dawbarns – we can help.
Call us on 01366 381 818 or email info@fraserdawbarns.com
This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances. Fraser Dawbarns LLP are always happy to provide such advice.
Rebecca specialises in Family Law and is a member of Resolution, an organisation of family law professionals working with families and individuals to resolve issues in a constructive way. Rebecca likes to deal with cases amicably and by agreement, as this leads to significantly better outcomes for the whole family. You can find out more about Rebecca here: https://www.fraserdawbarns.com/people/rebecca-woodley/ and our wider family team here: https://www.fraserdawbarns.com/services/family-law/