It is a common question asked by separated parents: “Can I change my child’s surname?”. The short answer is yes, but other matters need to be considered.
To change a child’s name who is under 16, whether this is their forename or surname, there must be consent from everyone who has parental responsibility for the child, regardless of whether or not that person with parental responsibility is involved in the child’s life. If everyone with parental responsibility consents to this change, this change can be implemented by an unenrolled Deed Poll which involves instructing a solicitor to draft a Change of Name Deed or to draft an unenrolled Deed Poll from the Royal Courts of Justice.
If it is not possible to get consent from everyone with parental responsibility, then an application would need to be made to the Family court for a Specific Issue Order with strong supporting evidence as to why the child’s name should be changed. If you find yourself making such an application to the court, it is imperative that you seek legal advice, our family team will provide impartial advice as to the likely success of any such application based upon the supporting evidence relied upon.
For those aged 16 and over, for a change of name, consent from everyone with parental responsibility is not needed.
If you wish to discuss this further, or for advice and assistance in connection with any other matter, please do not hesitate to contact Solicitor, Ellie Straughan by email at els@swinburnemaddison.co.uk or by phone at (0191) 307 7582.
This article is for general information only. It does not and is not intended to constitute legal or professional advice. The law may have changed since this article was published and we would always recommend that you seek specific advice on any legal issue.
