You can change your child's name by Deed Poll as long as you have consent from those with parental responsibility of the child. It is a little trickier than changing your own name; however, it can be done quickly and effectively.
This article explains the meaning of parental responsibility and will help you to determine who has parental responsibility for your child and who needs to consent to your child's name change.
If your child is 16 years of age or over, they must apply for their own change of name for which parental consent is not required.
Consent requirements
We can supply you with the documents required to change the name of your child called change name by deed poll. First, we require that you gain consent from those with parental responsibility. Once you have this consent in the form of a letter signed by those with parental responsibility, you are ready to contact us.
A letter of consent is not just required by us but all organisations that will need to know of the name change. We simply ask that you have it ready, so that the process is speedy for you.
What is parental responsibility?
Parental responsibility is a legal term that means having all the legal rights, duties, powers and responsibilities for a child.
Parental responsibility means that you are responsible for, and have the right to be consulted about, the child's health, education and welfare.
Who has parental responsibility?
Do you have sole or joint parental responsibility? If you have sole parental responsibility, only you need to consent to your child's change name by deed poll. If you have joint parental responsibility, you and the other person with parental responsibility need to consent.
In the UK, a mother automatically acquires parental responsibility at birth. However, the acquisition of parental responsibility by fathers varies according to where the child's birth was registered:
For births registered in England or Wales If the mother was married to the father when their child was born, or if the mother married the father at any time subsequent to the birth, the father also has parental responsibility. Please note, from 1st December 2003, an unmarried father automatically acquires parental responsibility if he is named (or later becomes named by re-registration) on the child's birth certificate;
For births registered in Scotland If the mother was married to the father when their child was conceived, or if the mother married the father at any time subsequent to conception, the father also has parental responsibility. Please note, for births registered from 4th May 2006, an unmarried father automatically acquires parental responsibility if he is recorded as the child's father on the birth certificate;
For births registered in Northern Ireland If the mother was married to the father when their child was born, the father also has parental responsibility. Please note, for births registered from 15th April 2002, an unmarried father automatically acquires parental responsibility if he is recorded as the child's father on the birth certificate;
For births of British nationals registered outside the United Kingdom;
The above rules for the UK country where you now reside apply. If the birth was registered outside the UK and you reside outside the UK, the above rules for the UK country where you lived before you emigrated from the UK apply.
If a father has parental responsibility, his consent is required to change his child's name. This is the case even if he and the mother have separated, divorced or remarried and if the father has no contact whatsoever with the child.
If a father, who has parental responsibility and who no longer lives with the mother and child, refuses to give his consent to change his child's name, the only course of action for the mother to apply to the courts for leave (permission) to change the child's name. A court will give permission if it believes it will be in the child's best interests to allow the name change. The court will take into account the degree of commitment of the father to the child and the quality of contact between the father and child to determine whether the link with the father (by shared surname) can be broken. A child of eleven or more will also be consulted and their views taken into account.
Parental responsibility: unmarried fathers' a mini heading.
Unmarried fathers can acquire parental responsibility by:
Subsequent marriage to the mother (in England, Wales and Scotland only);
Being registered as the child's father (in England and Wales from 1st December 2003);
Being registered as the child's father (in Scotland for births registered from 4th May 2006);
Being registered as the child's father (in Northern Ireland for births registered from 15th April 2002);
Being awarded parental responsibility by a court;
Entering into a Parental Responsibility Agreement with the mother;
Being granted a Custody or Residence Order by a court;
Being appointed a Guardian by a court.
If an unmarried father acquires parental responsibility, his consent is required, in addition to the mother's consent, to change their child's name.
Parental responsibility: step-fathers
Step-fathers can acquire parental responsibility by:
Being awarded parental responsibility by a court (in England and Wales only);
Entering into a Parental Responsibility Agreement with the mother;
Being granted a Custody or Residence Order by a court;
Being appointed a Guardian by a court;
Adopting the child.
If a step-father acquires parental responsibility, his consent would be required, in addition to anyone else who has parental responsibility, to change the child's name e.g. the mother and maybe the natural father.
How parental responsibility is lost
Parental responsibility is only lost when:
The child reaches 16 years of age;
If it is brought to an end on application to a court by the person having it;
With the permission of the court on the application of the child;
If another person adopts the child;
If an order granting it is terminated by the court;
If a person with parental responsibility dies.
Please note, in England, Wales and Northern Ireland, parental responsibility is not lost until a person reaches 18 years of age. However, for a change of name by a Deed Poll issued by us, 16 years of age is the accepted age of consent. This is because any 16 or 17 year old who applies to a court for leave (permission) to change their name without their parents' consent, will be granted a court order. It is therefore considered a waste of the courts' time to hear such cases.
Can a birth certificate be changed?
Only in rare cases because this is a legal document that was correct when the birth was registered once, their birth certificate and Deed Poll must be enclosed with the driving licence application.
If by chance you find some error of law or fact in any Net Lawman information page, do please tell us. We should also welcome your suggestions for new subjects for information pages. These notes:
Do not provide a complete or authoritative statement of the law;
Do not constitute legal advice by Net Lawman;
Do not create a contractual relationship;
Do not form part of any other advice, whether paid or free.
