Changing A Child’s Surname: What Do You Need To Know?

Parents may decide that they wish to change their child’s surname. There can be several reasons why a parent may wish to change their child’s surname, but commonly the reasons may be due to divorce, a desire for all children of a family to share the same surname, for protection or privacy reasons or in circumstances where a parent was not agreeable to the child’s surname and was deprived of their right to exercise parental responsibility at the time of naming.

The process of changing a child’s name depends upon whether there is agreement between those with Parental Responsibility to the proposed name change.

Parents who have Parental Responsibility can jointly decide to change their child’s name by consent. This is done by executing a deed to evidence the change of name. A deed is a legally binding document which can then be circulated to the relevant authorities as evidence of the change of name.

In circumstances where one parent does not agree to change the child’s name, the parent who seeks the change will have to pursue the matter at court.

If it is not possible to obtain consent from all those with Parental Responsibility, the parent who seeks to change the child’s name is required to submit an application to Court under s13 of the Children Act 1989 for a Specific Issue Order seeking permission to change the child’s name. The decision would then fall to the Court to determine whether the child’s name should be changed.

What will the Court do?

The paramount concern of the court is whether or not it would be in the child’s best interests to change the child’s name.

Each case is fact-dependent however the court would consider all of the circumstances of the case and will address the following factors:

• The length of time that a child has been known my their existing name;
• The effect on the child should the change of name be permitted;
• The effect on the child should the change of name not be permitted;
• The reasons to the proposed change to the child’s name;
• If the child is of an age where they can express their own views, the name by which the child would prefer to be know; and
• Factors that could arise in the future as well as the factors at the time of the parent making the application.

Is it likely that the Court would grant a change of name?

The Court has a wide discretionary power and will consider the evidence before them on a case by case basis. Each case is factually different and there is therefore no clear cut answer as to whether a Court would be prepared to Order a change of a child’s name.

However, case law in this area has provided some helpful indications as to generally the view of the court.

• Applications that are made for convenience/ease purposes are less likely to succeed. The Court would want to see genuine reasons and justifications as to the benefit to the child beyond the fact that the change of name may be more convenient for record purposes.

• Applications pursued by a parent for the purposes of an attempt to alienate the other parent are less likely to succeed. The Court considers surnames to be important to the child’s identity and background.

• Applications pursued to change the child’s name to a double- barrelled surname may be more likely to succeed as a compromise between parents in order to recognise both parents.

Amelia Fernley advises that:

“It is important to recognise the cost implications of pursuing court proceedings in circumstances where agreement is not possible. Parents would be encouraged to reach agreement where possible without the involvement of the court for a child’s change of name. An application pursued for a change of child’s name should evidence the real benefit to the child in doing so to have a higher chance of success.”

Should you be considering changing your child’s name we strongly recommend that you seek legal advice at the earliest opportunity from one of our family law experts. Our skilled team are able to provide guidance and assistance in this area.

Contact us today to request a free 30-minute case review.

Article by Amelia Fernley, Solicitor at Sinclair Law Solicitors