If you want to change your child's name, perhaps following a divorce, our experienced family lawyers are here to guide you. We can take care of the paperwork for a simple fixed fee of £210.
There are many reasons why a parent may wish to change their child’s surname. You may, for instance, have gone through a divorce and retaken an old family name, and you may wish your child’s name to be the same as your own. Similarly, you might have remarried and want your child to take on your new name.
Whatever the reason, changing a child’s name by deed poll is relatively common, though there can be barriers in the process, particularly if a former partner with parental responsibility objects to the name change.
Who can change a child’s name?
To apply to change a child’s name, you must have parental responsibility for that child. Alternatively, the child themselves can change their name after the age of 16, unless there is a court order in place preventing them from doing so.
Everyone with parental responsibility for the child must consent to the name change. Unfortunately, disputes can be common, particularly if the name change follows a contentious divorce process. In this situation, it is best to seek expert legal advice.
Our experienced family law solicitors have a wealth of experience in handling child name changes and have the expertise in parental responsibility and family court orders to help you navigate the name change process with as little fuss as possible.
What is parental responsibility and how does this affect the process for changing a child’s name?
Everyone with parental responsibility has to be agree before you can legally change a child’s name. Who has parental responsibility, however, will be dependent on a few factors:
A mother automatically has parental responsibility
Where a married couple have a child, both parents have parental responsibility
Where the couple are not married, the father only has parental responsibility if he has been named on the birth certificate
It is possible for a father to gain parental responsibility for their child by getting a parental responsibility agreement with the child’s mother or gaining one from a court.
If both parents have parental responsibility for their child and cannot agree on a changing their child’s or children’s name, an application can be made to the courts for a Specific Issue Order stating what the child’s name should be.
For anyone needing help with family issues I could not recommend Slater and Gordon highly enough. I always had the feeling I had the best looking after my interests and they certainly didn't disappoint.
C I (family and personal matters case)
Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf.
J B (family and personal matters case)
The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well known solicitor and I just felt completely let down and not a priority. But with S&G - from start to finish, I felt supported 100% and valued.
B L (family and personal matters case)
Can I change my child’s name without the consent of the other parent?
To change your child’s surname or name by deed poll, you will need the consent of the other parent where both parents have parental responsibility. If you don’t have parental responsibility for your child, you won’t be able to change their child.
Where disputes arise between two parents, it can still be possible to change a child’s name without their other parent’s agreement. To do this, you can apply to the court for a Specific Issue Order, which would determine which name your child should legally use.
Making an application to the court can be a tricky decision to make, and you may be unsure of what this means for you and your family. If you’re considering this as an option, we strongly advise you seek expert legal guidance. Our family lawyers have helped hundreds of clients understand their options and have the industry-leading expertise you need to represent you wherever required.
If both you and your child’s other parent have parental responsibility and you wish to prevent their name from being changed, it is possible to do so.
The first step is to attempt to resolve the issue without resorting to court proceedings. You can do this through mediation, which means an independent third party would facilitate a conversation between you and your child’s other parent and attempt to reach an understanding amicably.
If court proceedings become necessary, you can apply for a Specific Issue Order or a Prohibited Steps Order to state that your child’s name cannot be changed. A common decision in a family court is for the child to have a double-barrelled surname, as this is often considered the fairest solution.
We are an award winning law firm and have a dedicated team of family solicitors to advise and guide you – no matter how complex your situation may be.
Affordability and advice
We offer affordable, expert legal advice on divorce and child arrangements. Book a consultation for clear guidance and next steps. Our assessment helps you understand your situation and make informed decisions. Consultation charged at £150 for 45 minutes.
Tailored advice
We understand that family situations differ – so we are able to provide tailored advice and guidance to suit your individual needs.
Local access
We are a national law firm, with legal experts available locally across the UK. Meetings can be arranged via telephone or video call, to suit your requirements.
Frequently asked questions about changing a child’s name
Can I change an adopted child's name to mine?
There's no need to, as a child's surname is automatically changed to that of the adoptive parents upon completion of the adoption process.
They are then issued with an adoption certificate that serves all the same functions as a birth certificate, though they can apply for a copy of their original birth certificate when they turn 18.
Do I need a solicitor to change my child’s name?
It is strongly recommended that you seek the support of an experienced family practitioner when changing your child’s name, particularly if your personal circumstances are complex. Not only can a specialist provide the legal expertise and information you need to make the best decision for you and your family, but they can also help you resolve complicated disputes, prepare the deed poll and advise on who can witness the deed.
If you’re thinking about changing your child’s name, get in touch with our team today on 0330 041 5869 or reach out online to find out how we can help you.
What happens if I wish to change my child’s name, and the other parent can’t be reached?
Your first step should be to ensure you have taken all reasonable steps to contact your child’s other parent. If they have parental responsibility, it will still not be possible to change your child’s name by deed poll. You would need to apply to the court for the relevant order.
Do I need to update any documentation after my child’s name change?
Once your child’s name has been changed, you will need to inform certain people and organisations. This could include updating your child’s passport, informing their school, or changing their information with the bank.
For anyone needing help with family issues I could not recommend Slater and Gordon highly enough. I always had the feeling I had the best looking after my interests and they certainly didn't disappoint. C I (family and personal matters case)
Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf. J B (family and personal matters case)
The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well known solicitor and I just felt completely let down and not a priority. But with S&G - from start to finish, I felt supported 100% and valued. B L (family and personal matters case)