Changing a child’s name
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A Guide explaining what must be done if you wish to change either your child’s surname or first names.
The right to change a child’s surname depends very much upon whether both parents have parental responsibility.
If a Child Arrangements Order is in place, the leave of the Court must always be obtained.
When you may change your child’s surname
The right to change a child’s surname depends upon whether both parents have
parental responsibility and whether or not a Residence Order is in force.
1. Where no Residence Order is in force
Scenario 1
Where there is no Residence Order in
force and both parents have parental
responsibility, a parent wishing to
change a child’s surname can only do
so if her or she obtains the written
agreement of the other parent.
Alternatively, the parent may seek an
Order from the Court giving permission
to change the name.
Scenario 2
Where there is no Residence Order in
force and only one parent has parental
responsibility, he or she may change
the child’s name without obtaining
agreement from the other parent. For
instance, where only the mother has
parental responsibility, she has the
power to change her child’s surname
without the father’s consent.
1.1. Obtaining permission from the Court where there is no Residence
Order in force
Where there is no Residence Order in force, the Court’s permission to change a
child’s surname is required in two cases:
a) Where the requisite consent from the other parent is not forthcoming i.e. the
other parent is not willing to give consent;
b) Where there is no one who has parental responsibility in relation to the child.
An example of this would be where an orphan child is living with relatives who
want to change his surname.
1.2. Obtaining permission from the other parent to change a child’s
surname
Where permission to change a child’s surname is given by the other parent who has
parental responsibility, this should be in writing. However, several principles have
been established in case-law to provide more certainty.
Copyright Legal-Zone (www.legal-zone.co.uk; lawguides@legal-zone.co.uk)
Contents
WHEN YOU MAY CHANGE YOUR CHILD’S SURNAME 4
1. WHERE NO RESIDENCE ORDER IS IN FORCE 4
1.1. OBTAINING PERMISSION FROM THE COURT WHERE THERE IS NO
RESIDENCE ORDER IN FORCE 4
1.2. OBTAINING PERMISSION FROM THE OTHER PARENT TO CHANGE A
CHILD’S SURNAME 4
1.2.1. FORM OF CONSENT TO CHANGE A CHILD’S SURNAME 5
2. WHERE A RESIDENCE ORDER IS IN FORCE 5
3. PARENTAL DISPUTES CONCERNING CHANGING A CHILD’S NAME 5
4. DEED OF CHANGE OF SURNAME 6
CONSIDERATIONS FOR THE COURT 7
1. UNMARRIED FATHERS 8
2. DIVORCED PARENTS 8
THE CHILD’S WELFARE 10
1. HOW IS A CHILD’S WELFARE ASSESSED IN CASES INVOLVING A
CHANGE OF NAME? 10
2. APPLICATION OF THE WELFARE PRINCIPLE 10
CHANGING A CHILD’S FORENAME 13
1. CHANGE OF A CHILD’S FORENAME BY A PARENT WITH PARENTAL
RESPONSIBILITY 13
2. CHANGE OF A CHILD’S FORENAME BY A CARER WITHOUT PARENTAL
RESPONSIBILITY 13
REGISTRATION OF A CHILD’S NAME 15
1. MARRIED PARENTS 15
2. UNMARRIED PARENTS 15
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