Legal Eagle: Changing children's surnames - guidance on the law

A change of name can either be done through a Statutory Declaration or a Deed Poll. It can also be done by an application for a Specific Issue Order.

Anyone who is under 16-years-old will need consent of all those who have Parental Responsibility to change their names. Therefore, before proceedings with a change of name for a child under 16, you will need to obtain the consent of anyone with Parental Responsibility. Once the child turns 16 years old, they can do the name change themselves.

Does the father have Parental Responsibility for the children? If he was named on their birth certificate, or if he was married to you at the time of the birth, he automatically obtains Parental Responsibility.

If the father has Parental Responsibility, then he will need to consent to the name change. If he does not have Parental Responsibility, then his consent is not required, but it is good practice to seek it anyway. The law takes a strong view on a child’s right to their identity.

If the father does not consent to the name change, then there is an option of applying to Court for the Court’s permission to change the children’s names without their father’s consent. The Court will need to see that you have made efforts to be obtain his permission before making the application.

It is important to remember that the Court will only grant permission to change the children’s names when it is in their best interests to do so, for example if the father is not to have any contact with the children due to his behaviour, or if he has committed a serious crime involving abuse. You can seek advice from a solicitor to see whether you would have merit to apply to Court to change the children’s names as this will depend on your specific circumstances.

If you would like more information, please contact us on 0191 565 3112 or advice@b[email protected]enhoarebell.co.uk for advice on all Family Law issues.