Important Note: Please note that this information is not intended to be legal advice. You are advised to seek legal advice.
This information provides an overview on the process of changing a child’s name via deed poll and the requirement to obtain consent (and the options available if consent is not forthcoming to be considered).
A deed poll is a legal document that proves a change of name. A person with parental responsibility for a child is able to change any part of that child’s name. For example, a person with PR can change a child’s forename, surname (or both), add names, remove names, and change the spelling of their name.
It is important to recognise the distinction between a child’s legal name and, if applicable, their ”also known as” name. A child’s legal name will be the name on their birth certificate, which is used for legal, administrative and official purposes. A child’s legal name can only be changed via deed poll or through a change of the child’s birth certificate in certain circumstances.
Schools and GP’s often provide the option to register a ”known as” name in addition to registering the child’s legal name. The legal name will be used on official documentation, i.e. school record, medical record, prescriptions etc. The “known as” name, on the other hand, could be used on less official documentation and teachers would address the child by their “known as” name.
It is unlikely that the child’s birth certificate will be amended once a child’s name has been changed via deed poll. This is because the birth certificate is considered to be a historical record, correct at the time of birth. However, there are certain circumstances when the birth certificate can be amended and the child’s name can be changed through this amendment.
A child’s forename can be changed if a child’s parents have given the child a different first name and the birth was registered in the past 12 months.
A child’s surname can be changed if the birth is re-registered. Re-registration can be carried out in the following circumstances:
The consent of each person with parental responsibility is required in order to change the name of a child. A child is a person under 16 years of age.
The application forms to change a child’s name via deed poll can be located on the gov.uk website.
Official documents and records can be changed to the new name once the deed poll process has been completed. The birth certificate can still be used for identification purposes but it should be accompanied with the deed poll certificate, which evidences the change of name and overrides the name on the birth certificate.
Your barrister can provide you with advice on how to make an application to court for a specific issue order, in the event that a person with parental responsibility will not consent to the change of name.
The applicant would need to demonstrate that, in accordance with the welfare checklist, it would be in the child’s best interests for this order to be granted. A child’s name is considered an integral part of their identity and therefore the court does not take the granting of this type of application lightly.
Upon a successful application, you may then proceed to change the child’s name via deed poll, as described in the section above.
It might be possible to change a child’s name via deed poll without the consent of a person with parental responsibility if their whereabouts are not known and reasonable steps have been taken to establish contact.
However, there might be restrictions with using the change of name if it has been carried out without the consent of each person with PR and without the permission of the court.
The passport office, in particular, can be strict in this area. If a person is absent from a child’s life, the person wishing to change the child’s name would have a stronger case in court and therefore this is the preferable approach to take.
It would be reasonable to expect that interested parties, such as a father without parental responsibility, would be contacted prior to a child’s name being changed and that the matter would be taken to court if a dispute were to arise.
If a child’s name has already been changed, a father without parental responsibility can apply to court for a specific issue order to have the change of name reversed.
The deed poll service will not accept an order for a change of name if: