Changing the name of a child should not be considered a small matter. The name carries significant importance and plays an important role in identification.
Here in the UK, you have all the rights to pick any surname of choice for your baby. The law allows you to opt for any of the parent’s surnames.
It is a matter of concern for parents who must decide what’s best for them and their children.
However, parents find changing a child’s surname important in many situations.
To change the surname, parents must meet certain requirements and notify several authorities to reflect the change legally.
Here is our guide to everything you should know about changing your child’s surname.
Who Has The Right To Change A Child’s Surname?
A child’s surname can only be changed by the responsible parent of the child. It means a mother will always possess this right. However, with fathers, there can be 2 scenarios.
- The child’s biological father, who is married to the child’s mother, has parental responsibility and is thus entitled to this right.
- An unmarried biological father can only share parental responsibility if his name is mentioned in the child’s birth certificate.
Same-sex partners share joint parental responsibility if they are married during IVF. They can obtain parental responsibility from the legal office if unmarried.
If the child is 16 years or older, they possess the right to change their name on their own and do not require their parents’ consent.
What Happens When One Of The Partners Does Not Agree With The Change?
One of the custodial parents may refuse to change their child’s name. The other parent can always apply for a court order in such cases.
According to a welfare checklist, applicants must certify that the issuance of this order is in the child’s best interests.
The court understands that a child’s surname plays a crucial role in their identity, so the court takes such applications seriously.
Successful applicants may complete the deed inquiry process to change the child’s name.
Steps Taken After The Refusal Of Consent
If you discover that consent has not been obtained, you should immediately consult an attorney and file a claim in court.
Court filings require a court hearing. Both parents will have the opportunity to explain why they think changing their child’s surname is significant or not.
The court will only order a name change if it finds your reason suitable and in the child’s best interests.
The Ways To Change The Child’s Surname
There are 2 ways parents can apply for a change in their child’s surname.
Deed Poll
A Deed Poll is a legally binding document that confirms a name change. You can file a deed poll in 2 ways-
- By yourself.
- With the help of a lawyer.
A “registration deed ballot” is officially requested and may be obtained with the permission of both parents or by a court order.
Birth Certificate
Once you have opted for the deed poll method, you lose the right to change your child’s surname through a birth certificate.
This certificate is considered a historical record, and the name mentioned at the time of the birth can’t be tampered with.
Additionally, no changes can be made to the birth certificate if the parents were unmarried and the father was absent during the child’s registration.
If you get married after registering your birth, you must re-register your child’s birth. It is important to notify the registrar authority of any changes in the birth certificate.
Reasons To Change Child’s Surname
There can be many reasons to change your child’s surname. You can always re-register in the following circumstances.
- To record the information of the biological father.
- If parents married after the birth of their child.
- Comply with the legal parent’s PACS if they were not a spouse at the time of birth.
It is best advised to seek legal counsel, take their expert guidance on changing their child’s surname, and discuss the process in detail.