Changing a child’s name is an important decision that should not be taken lightly. It may be helpful to consider the following questions before deciding whether you want to change your child’s name.
- Will the name change affect your child’s relationship with their other parents or relatives?
- Will the change of name make your child feel more secure?
- How will your child feel when they need to explain their new name to their friends and/or family?
- If you want to change your child’s surname to that of your new partner, you need to feel secure in the relationship and consider the impact on your child if the relationship were to break down.
Child arrangements - FAQ
The three main principles that will guide the court
In England and Wales, parents can change the name of a child under 16 if everyone with parental responsibility agrees in writing. You will need a change of name deed, which we can do for you at a fixed fee. We would draft the deed and then ask you to come to our offices to sign the document.
We will give you certified copies so that you can inform organisations and agencies of your child’s new surname.
A Child arrangements Order determines:
All those with parental responsibility need to consent in writing to change a child’s name. Individuals with parental responsibility may not be limited to a child’s parents and could include those who have a Child Arrangements Order that allows the child to live with them.
However, if you are the only person with parental responsibility, you do not need anyone else’s consent to change your child’s name. Nonetheless, it is recommended that you advise the child’s other parent of the change of name to avoid the possibility of them applying to the Court to prevent or reverse the change of name. They are able to do this even though they do not have parental responsibility for the child, simply by virtue of being the child’s parent.
In order to decide whether an Order should be granted, the court will consider:
The first thing to establish is whether your former partner (for example, your child’s biological father) has parental responsibility. If those with parental responsibility cannot agree, you can apply to the court for a Specific Issue Order that will allow you alone to change your child’s name.
When faced with such an application, the child’s welfare is the court’s paramount concern and it will consider what is in the child’s best interests. In circumstances where the child is old enough to have an understanding of the issue, their wishes and feelings will be taken into account and the weight attached to them will depend on the child’s age and level of understanding.
An application to the court to change your child’s name will not necessarily be successful. The other parent can also apply to the court to prevent the change of name. Ultimately the court will always act in the child’s best interests and in general it is only in exceptional circumstances that it will allow a change to a child’s surname without the consent of both parents.
Where the child has regular contact with the other parent, the court is likely to refuse a change of name as it will consider that sharing a name will help the child maintain their connection with that parent.
What if I do not know the whereabouts of my child’s other parent?
Whether the other parent has parental responsibility or not, steps should be taken to try and locate the other parent and seek their consent. It will be necessary to show the steps you have taken to try to do this, such as writing to their last known address and contacting mutual friends or family. We are able to help and we often recommend instructing a tracing agent in the first instance.
It can also be helpful to detail the circumstances as to the last time you or the child had contact with the other parent and to note any signs of absence from the child’s life, such as not sending the child birthday or Christmas cards.
Provided all appropriate steps have been taken to trace to the other parent, you are able to go ahead and change your child’s name without their consent. However, there is a risk that if that parent subsequently learns of the change of name, they may make an application to the court to change it back again.
What happens when an application is made to the court?
A parent can usually change the name of a child under the age of 16 without their consent. We recommended, however, that you talk to your child about the potential change of name to see how they feel about it. This is especially important as if the court considers the child to be mature enough and has a full understanding of the situation, the child may be able to ask the court to prevent their name being changed.
If the child is aged 16 or 17, a parent cannot change their name without the child’s consent. A child over the age of 16 can change their own name and they do not require the consent of their parents. This can be done via a deed and we can assist with preparing such a document.
Contact Lisa Collins
If you are thinking of changing your child’s name, talk to one of our lawyers. We have experts in this and all other areas of law relating to children.
