Changing a child’s name

When is it permitted to change a child’s name?

• If married, parents have the power and duty to register their child’s names
• If unmarried, the mother has the sole duty to register her child’s name
• After registration, the grant of a residence order requires those who wish to change the child’s surname to obtain either:

1. 1. Leave of the court; or
   2. Written consent from those who have parental responsibility

• Where there is no residence order, those who wish to change the child’s surname must obtain either:

1. 1. Written consent from those who have parental responsibility
   2. Leave of court by making an application for a specific issue order

What happens if both parents give consent? If and when both parents/ holders of parental responsibility consent to the name change, the act can be initiated via a deed poll. A deed poll is a document that legally demonstrates the name change. To initiate the process, you must fill out the relevant forms to change your child’s name. All relevant guidance relating to the processing of the deed poll is encapsulated in the form itself.

What happens if the child does not consent? Parents can change the names of their children only if the child is under the age of 16. However, this is not definitive, if a court deems the child mature and knowledgeable enough to understand the circumstances, the name change will not take place. Moreover, if the child is 16 and above, only they can make such changes.

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