Changing a Child's Name

If you and the other parent with parental responsibility want to change your child’s name you both have every right to do so. The simpliest way to do this is via a deed poll, which are able to prepae on your behalf. This is a legal document stating a change of name. It must be noted that if your child is over the age of 16, their consent is also required.

Once you have possession of this document, it would effectively override the name originally given to your child on their birth certificate. Whilst this is not obligatory, possession of this document would indicate your intention to change your child’s name, saving any unnecessary confusion later on.

If the other parent with parental responsibility does not consent to the change of name, the only option available is to apply to the Court for a Specific Issue Order. 

The court’s main consideration in hearing this matter would be to determine whether it would be in the best interests of the child for their name to be changed.

In coming to this decision, the court will consider the following factors;

• The registered surname of the child and the reasons for this i.e. biological link with the child’s father,
• Factors that could arise in the future,
• A change of circumstances of the child since registration of their name at birth,
• If both parties were married to each other, there would have to be particularly strong reasons to change the surname given to the child by their father.
• If both parties were not married, resulting in the mother having control over registration, the court would have to consider the level of commitment of the father to the child, whether contact occurred and the quality of it, and whether the father possessed parental responsibility.

In making a successful application, one must have evidence that a change in name would result in an improvement in your child’s welfare. An application cannot be made for selfish reasons.