Can I change my child's name?

In her latest article, Family Solicitor Megan Porter explores the legal process behind changing a child’s given or surname – from securing consent from everyone with parental responsibility to the high threshold for court approval when agreement can’t be reached.

There are plenty of reasons why you might want to change your child’s name (given or surname) for example if the other parent no longer has involvement with that child and you (or your child) do not want them to associate with that name or there are safety and protection concerns for the child in holding that surname. Or, you might have decided the name given to them at birth is not quite right and they go by a different name. But how do you go about this in practise?

Firstly, you must ensure that you have the agreement of all persons with parental responsibility (PR) to the name change. A mother of a child automatically has parental responsibility over the child and as such can make decisions about the child’s rights and responsibilities. A father of a child (biological or stepfather) does not have parental responsibility automatically and this is acquired in one of four ways:

By being married to the child’s mother at the time of birth;
By the father’s name being included on the child’s birth certificate
By a parental responsibility agreement
By an order of the court

The first and most important step is therefore to obtain consent from all persons with parental responsibility, before proceeding to the next stage.

In order to change your child’s name, you will need to apply for an enrolled deed poll. This means that their name change will be registered on all official documents such as their passport. You can apply for an unenrolled deed poll, but this will not change their name on the public record. If the other PR holder agrees then you can proceed with making the application, which must be signed by you both and witnessed (by a person over 18 who is not related to the family). Without this consent then the application to the Registry Office will not succeed.

What happens in the case of an absent parent?

If the child’s father is completely absent from their life so they have no contact whatsoever, and you yourself do not have contact with that parent, then you will need to take all reasonable steps to locate that person in order to seek their consent. This is because the Court requires evidence that you have taken steps to contact them, and you have tried to seek their consent first. A court application should be the last resort. You will also need to ascertain their details so they can be included on any application to the Court as they will need to be given notice of an application being made, and a right to attend the hearing and put their position forward.

What happens if I do not have the other parent’s consent?

But what happens if the other parental responsibility holder does not agree? In this instance, as you do not have consent to change the child’s name you must apply to the Court to obtain leave of the Court to change your child’s name. A hearing will be listed, and the court will review the application, considering the best interests of the child, before making the decision. If the Court decides in favour of the application, the Court order will be presented to the registry office with your application who will then authorise the name change.

However, this is not an easy application to make and there is a rather high threshold to pass for the application to be successful. The Court will only provide consent for the change of a name considering the welfare checklist set out in section 1 Children Act 1989. The Court will have at the forefront of their mind what is in the child’s best interests, and they will need to consider factors such as their physical and emotional needs and any harm they have suffered or are at risk of suffering (to name a few). Therefore, if a parent wants to change their child’s name so that it matches their surname, this usually does not carry much weight. This is because the Court considers a child’s surname to be integral to their identity, so to change it there will need to be a clear reason why this will best serve the child’s best interests.

Changing your child’s name is possible however it is a legal process that requires careful consideration, and it is not as simple as making an application to change a name.

Written by Megan Porter (Solicitor)

Should you require any assistance with child arrangements, please contact one of the specialist solicitors in our Children team on 020 8290 0333 or email info@judge-priestley.co.uk

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