Why is a child’s Surname Important?

A child’s surname plays a crucial role in shaping their identity and reflecting their ancestral heritage. Choosing the surname a child will carry, whether it’s a single name or a double-barreled option, is a significant decision for parents. We recognise just how important this choice is.

At times, parents feel it’s necessary to change their child’s surname. Changing a name is a serious decision that requires following certain legal procedures to ensure it’s officially recognised.

Who Has the Right to Change a Child’s Surname?

Only those with Parental Responsibility for a child may change a child’s surname. The mother of a child automatically has this. The law is different for fathers; biological fathers married to the mother will have Parental Responsibility. However, unmarried fathers must be named on the birth certificate for this.

Same-sex partners both have Parental Responsibility if they are in a civil partnership/marriage at the time of the IVF treatment.  If they are not, they can acquire this by applying for Parental Responsibility. Parental Responsibility can also be acquired through adoption, or Special Guardianship for people who are not parents.

Can I Change My Child’s Surname Without Father’s Consent?

You cannot change a child’s surname on your own without the consent of the other parent, or anyone else who holds Parental Responsibility for the child.

If consent is given, then this consent must be provided in writing for the change of surname to proceed.

We would always advise that you consider whether the other parent (or anyone else with Parental Responsibility) will consent to the change of name. This is because there are different processes involved when consent is not given.

What Can Be Done if Consent is Not Given?

If you haven’t received consent, your next step is to apply to the court under Section 8 of the Children Act 1989 for a Specific Issue Order.

This means you’re requesting the court’s approval to change your child’s surname. The court will make its decision based on what it believes is in your child’s best interests.

What is the Process Involved?

Once you are aware that consent is not given, you should instruct a Solicitor immediately to discuss the process of applying to court.

An application will be made to the court and then a court hearing will need to take place.

You and the other parent, or anyone else with parental responsibility, will have the opportunity to present your reasons for believing that changing the child’s surname is in their best interests. Remember, the court will only approve the name change if it determines that this decision truly benefits the child.

Can I Change My Child’s Surname Via a Deed Poll?

A Deed Poll is a legal document that proves a change of name and this is one method of changing a child’s surname. You can do this by using a specialist deed poll agency or instructing a solicitor to draft this for you.

The official term is an “enrolled deed poll” and you can apply for this either through an agreement with everyone with parental responsibility, or by obtaining a court order. An enrolled deed poll can be applied for up until your child reaches 16 years of age.

Can I Change My Child’s Surname Via Their Birth Certificate?

You can change a child’s surname on their birth certificate, but this can only happen under specific circumstances. Both parents need to agree, or else you’ll have to obtain a court order.

If the parents aren’t married and the father’s details are on the birth certificate, you can’t change it.

However, if the parents are unmarried and the father didn’t take part in the registration, you can add his details and change the surname.

If you marry after the birth registration, you’ll need to re-register the birth.

To make any change to a birth certificate, you must apply to the Register Office.

How Long Does Changing a Child’s Surname Take?

Changing a child’s surname takes different amounts of time based on whether you need a court order.

Without a court order, a Solicitor can prepare a change of name deed in just a few weeks. Alternatively, a Deed Poll change of name typically takes about four to eight weeks.

On the other hand, if you go through the court process, expect a much longer timeline—up to six months—due to delays in family court and scheduling hearing times.

Family Law Solicitors in Sheffield and Barnsley

Our team at Best Solicitors has great knowledge and experience with drafting Change-of-Name Deeds for children and applying to court when consent has not been given for the change of name.

We are available to provide expert advice to anyone considering changing their child’s surname and can discuss in more detail, all the options available to anyone considering this. Please book an appointment with a member of our family team for further information.  You can contact the team on 0114 358 3134 or email us via our contact page.