FAQ's
Q. Can the parent and stepparent alone change the child’s name?
A. No, they must have the written agreement of anyone else with parental responsibility or if not, apply to the Court.
Q. What happens if my ex won’t give consent?
A. The Court can overrule the other parent but only after careful consideration of all the facts.
Q. What if I was unmarried when the child was born and not included on the birth certificate?
A. Fathers without parental responsibility for the child should still be included in this legal process for changing the child’s surname. If he does not agree, he can apply to the court for a Specific Issue Order. It is important to remember the law is fast moving towards giving unmarried fathers greater involvement in their children's lives, even where they do not have parental responsibility.
Q. How long does it take?
A. It varies according to which route you take. Your solicitor will advise you.
Q. Can a child change their own name?
A. If aged between 16 and 18 a child can change their name themselves via an unenrolled deed poll.
Q. Can a child object to their name being changed?
A. Yes, if the Court is involved the child may well be consulted, if not the child could apply to the Court.
Q. How much does it cost?
A. It varies according to which route you take and who is involved. Ask your solicitor to tell you all the costs before taking any steps.
Q. Having made the deed poll, will the birth certificate be changed?
A. No, this is considered unlikely. Official documents can be changed once the deed poll process is completed, however, the birth certificate is considered a historic record. A birth certificate can still be used as proof of identity, provided it is shown alongside the deed poll. Under certain circumstances a birth can be re-registered and Child Law Advice give information on this.