Changing a Child’s surname
If a child is to be brought up in a new family, a parent (usually the mother) may want to change the child’s surname to that of her new partner. Whether there is anything in the law preventing her from doing so depends on the existence of a residence order (or an old custody/care and control order).
If such an order is in force, there will automatically be a provision stating that the child’s surname cannot be changed without the consent of the other parent or the court. Where the parents both have parental responsibility eg. they are or were married to each other, the parent who wants a name change should first try to obtain the other parent’s consent. He or she can then apply to the court for permission if the other parent objects. A parent who objects can in any event apply to the court for a specific issue order. The court application will be decided by the principles that the child’s welfare is of paramount consideration.
Judges have tended to disapprove of changes of name, taking the line that the link between a child and his or her natural parent, as symbolised by the surname, should not be broken, so changes of surname have usually been refused. However a mature child may apply for a change of surname by way of a specific issue order. If the child has strong feelings about wanting to be included in the new family and sound reasons for making the application, the Judge may be persuaded to make an order for a change, given that the child’s wishes and feelings rank number one on the welfare checklist.
Changing a child’s name
If you wish to change a child’s surname by making a deed poll, every person with parental responsibility must give his or her consent.
Consult the experts. For more information or a free legal opinion telephone 020-7381-8111 (24 hour service) or email law@rhplaw.co.uk.
