Change of Name Deeds Advice on changing your child’s name from legal specialists

There are several reasons why you might want to change your child’s name. These include situations where following a divorce or dissolution, the other parent is no longer permitted to be involved in the child’s life due to abuse or emotional harm/neglect. Similarly, there may be circumstances where you would like all of your family unit to have the same surname, or where you believe it is safer for your child to have a different surname to their biological father. Sometimes a child him/herself may wish to change their surname and indeed it might be in their best interests for this to be done. In such a situation, permission will need to be obtained either from the biological parents (if they have parental responsibility) or from the court if consent from those with parental responsibility is not forthcoming.

The right to change a child’s name

If those with parental responsibility for a child can agree upon a change of surname together this can be implemented by completing a change of name deed or deed poll. This will need to be sent to the court for sealing and a notice will be published in the Gazette.

Birth mothers automatically have parental responsibility. Fathers who were married to the mother at the time of the birth or unmarried fathers who are named on the birth certificate also have parental responsibility.

Once a child is aged 16, they will also need to agree to the change. From the age of 18, they are entitled to change their own name as they wish.

Changing your child’s name without the consent of their other parent

If the other parent or any person with parental responsibility does not consent to the change of name, then you can ask the court to grant a Specific Issue Order to allow a change of name.

We can assist you in obtaining a Specific Issue Order (SIO) to change a child's name, via an application through the family court. A Specific Issue Order is a legal mechanism in the UK used to resolve disputes regarding important decisions in a child’s upbringing, such as name changes.

In order to proceed, you must be able to explain why changing the child’s name is in the child's best interest, as the court's decision hinges on this criterion. Relevant factors might include the child's well-being, the stability of the family environment, and any potential harm caused by the change.

Those who can apply for a Specific Issue Order include anyone with parental responsibility, such as parents, guardians, or those who hold an order regarding the child's care. In cases where both parents are in disagreement about the name change, either party can seek the court’s intervention. If one parent has sole parental responsibility, they can apply for the order independently. The court will typically schedule a hearing to consider all relevant factors and make a decision in the child’s best interest.

If you are concerned that your child’s other parent will try and change their name without your consent, you can apply for a Prohibited Steps Order preventing this from happening.

A Prohibited Steps Order (PSO) is a legal order used to prevent a parent or guardian from taking a specific action regarding a child’s upbringing, typically without the consent of the other parent or guardian. It is commonly used to stop actions such as removing the child from the country, changing their name, or making significant medical decisions. We can assist you with applying for a PSO to the Family Court.

You should attempt to resolve the issue informally first, which could include going to mediation.

The court will consider the child’s wishes, any potential embarrassment to the child and whether their existing surname is important in sustaining a connection with a parent and other family members. Any decision will be made in what the court considers to be the best interests of the child.