On the surface, changing a child’s surname feels like it should be easy – but there are a few hoops to jump through. The biggest factors are who has parental responsibility and whether there’s agreement all round.
What Does Parental Responsibility Actually Mean?
Parental responsibility is the legal term for all the big decisions you can make for a child – things like their education, healthcare, and, yes, their name.
A mother automatically has parental responsibility from birth. Fathers have it too if they were married to the mother when the child was born, or if they’re named on the birth certificate. If not, they can apply to the court to be granted it, or it can be given through certain court orders.
Importantly, a divorce or separation doesn’t remove parental responsibility. Both parents keep that right, even if one isn’t living with the child day-to-day.
When Everyone Agrees
If both parents (and anyone else with parental responsibility) agree to the name change, things are fairly simple. You don’t usually need to go to court – you can do it by statutory declaration or deed poll.
A statutory declaration is a legal document confirming the change, usually prepared by a solicitor. It’s accepted by most organisations, though not all – for example, it doesn’t update the child’s passport.
A Change of Name Deed, often called a deed poll, is a more formal way to record the change. It’s recognised for most official purposes, including passports and school records. You can also have it “enrolled” at the Royal Courts of Justice, though that’s optional.
Neither option changes the child’s birth certificate – that remains a record of the original details.
When There’s a Disagreement
Things get trickier if one parent objects. In that case, you’ll usually need to apply to the court for permission.
The court looks at what’s in the best interests of the child, not just what either parent wants. Judges might consider why the name is being changed, how involved each parent is, and what impact the change might have on the child (now and in the future).
If the court allows the change, it will issue what’s known as a specific issue order confirming that the new name can be used. Once that’s in place, the parent can go ahead and complete the paperwork officially.
What if a Parent is Absent?
If a parent with parental responsibility can’t be contacted – for example, they’ve been out of touch for a long time – the court can still grant permission for a change of surname. The key point is that reasonable attempts must be made to reach them first.
The court will consider the absence as part of the decision, but again, the child’s welfare comes first.
What If You Don’t Have Parental Responsibility?
You might not have parental responsibility, but you can still be approached before anything is finalised. If you don’t agree with the change, there’s the option of asking the court to consider it and decide whether the new name should stay or be reversed.
Are there Name Restrictions?
Yes – there are a few. A new name must follow general naming conventions. For example; include both a first name and surname, be pronounceable, and not include symbols or punctuation. It can’t be offensive, promote anything illegal, or suggest a title or honour that doesn’t exist.
Need Guidance on This?
Changing a child’s surname can be emotional as well as legal, and it’s always best to get advice before taking any action – especially if parents don’t agree.
At Lund Bennett Family Law, we’ll help you understand what’s possible, what’s realistic, and what’s best for your child’s future. If you’re unsure what your options are when it comes to changing your child’s surname, or just want to talk it through, you can reach us at info@lundbennett.com or call 0161 924 0079.