b”Changing a Child’s Surname – Family Lawyers Dot Co
Changing a childs name, provided it is not to deceive or defraud another person, can be achieved at any time. If all people who are required to give their consent agree, you can simply begin to use the new name. You can change a childs forename, surname, names can be added or rearranged. There is no legal procedure involved, neither is there a legal route to changing your childs name, but you may require evidence of the change. As with changing the name of an adult, except in limited circumstances, you will be unable to change the details on the childs birth certificate.
If you are under 16 years of age your name can be changed without your consent. Should you object to your name being changed you can make application to the court to prevent your name being changed. The court will need to be satisfied that you understand what the process involves.
Should you wish to change your name and you are under 16 years of age, you cannot do so without the consent of your parents. Having adopted a new name it can be used for all purposes but evidence may be required of the name change. Such evidence might include:
A letter . This will need to be from a responsible person such as your GP, solicitor, MP or priest. The will need to indicate that the writer has known you by both your former name(s) and your current name(s). It should also indicate that your new name is used or intends to be used for all purposes. Such a letter will not suffice if applying for a new/replacement UK Passport.
. This will need to be from a responsible person such as your GP, solicitor, MP or priest. The will need to indicate that the writer has known you by both your former name(s) and your current name(s). It should also indicate that your new name is used or intends to be used for all purposes. Such a letter will not suffice if applying for a new/replacement UK Passport. A public announcement . This can be achieved by a simple advertisement in a local or national newspaper. It should clearly state that you have assumed a new name for all purposes. A copy of the advertisement will then be considered as evidence of your name change.
. This can be achieved by a simple advertisement in a local or national newspaper. It should clearly state that you have assumed a new name for all purposes. A copy of the advertisement will then be considered as evidence of your name change. A Statutory Declaration . In most cases an instrument known as a Statutory Declaration will provide adequate evidence of your change of name. It is best described as a statement that records your intention to abandon your old name and adopt a new one. The Statutory Declaration can be completed by you or alternatively you can use the services of a lawyer to assist you in its preparation. Using your new name you will need to sign the document and it must be witnessed by a solicitor (other than the one you used to assist you), or a Justice of the Peace (a lay magistrate.) If using a lawyer to assist in the preparation of your document there is normally a small charge. Likewise, if a JP witnesses your document you will need to pay a fee to the court.
. In most cases an instrument known as a Statutory Declaration will provide adequate evidence of your change of name. It is best described as a statement that records your intention to abandon your old name and adopt a new one. The Statutory Declaration can be completed by you or alternatively you can use the services of a lawyer to assist you in its preparation. Using your new name you will need to sign the document and it must be witnessed by a solicitor (other than the one you used to assist you), or a Justice of the Peace (a lay magistrate.) If using a lawyer to assist in the preparation of your document there is normally a small charge. Likewise, if a JP witnesses your document you will need to pay a fee to the court. A Deed Poll. Generally it is not necessary for the majority of people to prepare a Deed Poll (unless applying for a Passport.) However, if the applicant is a child or a young person under 18 years of age, a person who has parental responsibility for you must apply on your behalf. If you are over 16 years of age, a change of name can only be effected with your consent. Should you wish you can prepare your own Deed Poll but it must be signed in the presence of an independent witness and they must add their name, full address and occupation on the form. Should you wish the Deed Poll to be enrolled, you will require two such witnesses and the Deed Poll should state that it is signed as a deed and delivered. A lawyer can prepare the Deed Poll on your behalf and this is the preferred option should you wish to have the document officially registered by having it enrolled. If choosing to use the services of a lawyer they will charge a fee and it can be expensive particularly if you wish to have the document enrolled at the Central Office of the Supreme Court. This is not necessary and you can just retain the document as evidence of your name change. The advantage of enrolling you Deed Poll is that it is kept safe, you can make copies available and there is a public record. Your name change will also be advertised in the London Gazette. There is a small charge should you wish to enrol the document.
Only certain people can change a childs name. Essentially the people who wish to change a childs name must have parental responsibility. If more than one person has parental responsibility, one person can change the name of the child if all who have parental responsibility agree. Such agreement is not required to be in writing.
Should the child be the subject of a Residence Order their name may not be changed without the written agreement of anyone else who has parental responsibility or the permission of the court. Therefore if the parents are married or were once married, the consent of both parents is a requirement. If the parents are not married the childs mother can change the name of the child without the fathers consent unless he has been granted parental responsibility either through an agreement with the mother of by order of the court.”
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