Changing Your Child’s Surname: Consent, Court, and Careful Consideration

The question of changing a child’s surname often comes after significant life changes. Most often divorce or adoption, but also for transgender or gender-diverse children.

Regardless, the process can carry both emotional weight and legal complexity.

If you’re considering a change in your child’s surname, this guide will help.

Key Takeaways

• Parental Responsibility is Key: Changing a child’s surname requires the consent of all parties with parental responsibility.
• Court Involvement for Disputes: If you can’t get consent from all parties, you may need to refer your case to court. Their primary concern is the welfare of the child. They will weigh the impact of the name change on their identity and emotional well-being.
• Deed Poll and Enrolment Process: A child’s surname is changed through a Deed Poll.  You can also enrol the change in the UK’s Royal Courts of Justice.
• Children’s Views Matter: This is especially true for older children. Their opinions and feelings about changing their surname matter and the law values the child’s perspective.
• Seek Professional Advice: The legal process of changing a child’s surname can be complex. Advice of a family law solicitor is invaluable.

Understanding Parental Responsibility

The concept of parental responsibility is at the heart of the legal process for changing a child’s surname.

Under Section 3(1) of the Children Act 1989, Parental responsibility refers to;

All the rights, duties, powers and responsibilities and authority that, by law, a parent of a child has in relation to the child and their property.

It’s automatically granted to biological mothers and married fathers at birth. However, stepparents, guardians, or adoptive parents, can get it through legal means.

Neither parent loses responsibility if they divorce unless there are exceptional circumstances. These include abuse and/or neglect. Even after divorce, both parents maintain their rights and responsibilities towards the child.

This ensures that the decision is in the child’s best interests. All parties involved in the child’s welfare have a voice in the decision.

Legal Requirements for Changing a Child’s Surname

Changing a child’s surname is just a simple case of filling out a form. There are legal requirements that aim to protect the best interests of the child and respect the parental rights of all parties involved.

Consent and Agreement

To change a child’s surname, everyone with parental responsibility must consent.

You can often get consent through discussion and agreement, documented in writing. However, if one or more parties refuse to consent, mediation might be an option. If all parties still can’t agree, an application to the court becomes necessary.

Court Applications

Court involvement is sought when parties cannot agree on;

1. 1. Changing a child’s surname, or
   2. When it’s believed the change would serve the child’s best interests.

The court’s primary consideration is the welfare of the child. A judge will consider the implications of a name change on the child’s identity and emotional wellbeing.

The process involves submitting specific forms and documents, and potentially, court hearings.

Procedures for Different Scenarios

The process for changing a child’s surname can vary depending on the situation. Such as whether the parents are married, divorced, or unmarried.

Child Born to Unmarried Parents

If you weren’t married when your child was born, and you want them to take their fathers surname, the first step is to establish paternity.

You can often do this through;

1. 1. A voluntary acknowledgment of paternity, or
   2. Through a court-ordered paternity test.

With paternity established, you can add the father’s surname to the child’s birth certificate. This means submitting the appropriate forms and documentation to the relevant authorities.

Children of Divorced/Separated Parents

If the parents are divorced or separated, the process can become more complex. The consent of both parents is required, even if one parent has primary custody.

In other cases, a court order may be necessary if one parent objects to the name change.

Also, if the child is of a certain age, the court will consider their opinion and preferences.

Stepparent Adoption

If a stepparent wants to adopt their spouse’s child and have the child take on their surname, the process often involves terminating the parental rights of the non-custodial parent (unless they have passed away).

This is a legal procedure that requires court oversight and approval.

Special Considerations

Changing a child’s surname is a deeply personal decision that can affect a child’s sense of identity and belonging. Especially for older children or transgender and gender-diverse children. You should consider their feelings and respect their developing autonomy.

Practical Steps for Changing a Child’s Surname

For those moving forward with the change, two main routes exist:

• Deed Poll and Enrolment: This is straightforward, provided all parties with parental responsibility consent.
• Royal Courts of Justice Enrolment: This adds a layer of formality and public record, necessary in certain circumstances.

Alternatives to Full Name Change

In some cases, parents may consider alternatives to a full surname change, such as:

• Hyphenating or using multiple last names: This allows the child to maintain their existing surname while incorporating a new one. This helps to preserve their connection to both parents’ identities.
• Using the new surname as a second middle name: This option allows the child to keep their existing surname while still incorporating the new surname.
• Delaying the name change until the child is older: Some parents choose to wait until the child is old enough have a say.

Frequently Asked Questions

Do I need the permission of both parents to change my child’s surname?

Yes, under UK law, you need the consent of all parties with parental responsibility. This typically includes both parents but can also involve guardians or adoptive parents.

What if the other parent doesn’t consent to the name change?

If one parent refuses to consent, mediation help you reach an agreement. If not, you may have to make an application to the courts.

Can a child’s surname be changed without going to court?

You can change a child’s surname without going to court as long as all parties with parental responsibility agree.

At what age can a child decide to change their surname themselves?

There is no specific legal age. However, the court still considers the views of the child as they get older. Especially if they 12 years old or above.

That said, formal consent is still required from all parties with parental responsibility until the child is 16.

How do I officially change my child’s surname?

You can make the name change official by applying for a deed poll. If necessary, you can also enrol it with the UK’s Royal Courts of Justice. This makes it a matter of public record.

Is it necessary to enrol a child’s name change with the Royal Courts of Justice?

Enrolment is not always necessary but is recommended in certain situations.

How long does the process take to change a child’s surname?

The duration can vary significantly depending on;

Whether all parties with parental responsibility consent to the change, and if not

How long the court process takes.

A straightforward change by deed poll can be relatively quick. Court proceedings will extend the timeline.

Can I change my child’s surname to anything I want?

While you have broad discretion in choosing a new surname, it cannot;

Be offensive

Contain symbols or numbers, or

Imply a title or honour that could mislead.

Will changing my child’s surname affect their birth certificate?

A child’s birth certificate won’t alter following a name change by deed poll. However, the deed poll document serves as legal proof of the change.