I want to change my child's name, do I need the other parent’s permission?
A Change of Name Deed is a legal document that proves a change of name. A person can change their name, either by signing a Change of Name Deed or by applying to change their name by Deed Poll.
A person with parental responsibility for a child is able to change any part of that child’s name but the following will apply:-
For a child under the age of 16 you will require the consent of each person that has parental responsibility for that child. That is usually, but not always, the mother and the father of the child. Once the Change of Name process has been completed the child may then use this document for changing their name on official documents and records. You may also need to provide the original birth certificate as well.
If any person with parental responsibility for the child has not provided their consent by signing the Change of Name Deed then when applying for legal, administrative and official documents, such as passports and driving licences, the name change will not be allowed on that document.
If any person with parental responsibility does not consent to the name change, the other parent can make an application to court for a Specific Issue Order for permission to change the child’s name. The applicant would need to demonstrate that, in accordance with the welfare checklist, it would be in the child’s best interests for this Order to be made. A child’s name is considered an integral part of their identity and therefore this type of application is not taken lightly by the court.
It is vital that you seek professional legal advice when preparing a Change of Name Deed to make sure that it is done correctly and will not become a problem for the child at some point in the future. Online sites and companies can provide you with the forms to complete but they may not be able to give you important legal advice.
We have come across a case which in recent weeks has caused complications for the client because the child’s father had not signed the Change of Name Deed.
Mother has contacted us. She changed her child’s name online in 2018, without Father’s consent. She is now trying to apply for a passport for that child and the passport agency are rejecting the application as they need Father’s consent. Mother has spoken to the Father and he provided a letter that was unsigned, undated and without an address which the passport agency will still not accept as consent. They wanted a letter that was signed and with proof of ID. Father did not wish to send his ID as it was his original driving licence. The passport agency has said they will not now be issuing a passport in the child’s birth name or changed name without a court Order.
Family Solicitor, Catherine Webster, said “Normally the first step would be for the parties to attend mediation to see if they can reach an agreement. However, if we have written evidence from the passport agency that they will only accept a court order then we may be able to bypass that stage.
The costs for the Mother will be in the region of £1000 for legal fees plus a court fee of £232 for a simple case. Should there be a dispute costs could be in the region of £5000 plus court fees.
Ultimately if the Mother had received legal advice at the time she changed the child’s name she would have been advised that she needed to have Father’s consent and this issue would not have arisen. If she had done the change of name through us originally she would have been looking at £175 + VAT providing the Father consented.”
If you require help or advice with a change of name deed then please contact any of our offices and our experienced Family team will be happy to assist you.
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