Changing Your Children's Names
Although changing the name of a child (someone under 16) is a simple process, there are certain requirements the applicant must adhere to. Please read the following section in full before you begin an application to change your child's name.
Letter of consent
When changing a child's name by Deed Poll it is a legal requirement that everyone with parental responsibility consents to the change of name taking place. Therefore we require a "letter of consent" to be delivered to us before we will release your child’s Deed Poll documentation. A letter of consent is not only required by us. Official record holders (such as the UK Passport Office) will want to satisfy themselves that everyone with parental responsibility for your child has consented to the name change before they will amend their documents and records. We will, therefore, return the letter of consent you send to us when we release your child’s Deed Poll so that you can use it in conjunction with your child’s Deed Poll when requesting that government departments, private companies and organisations.
Example letters can be found in our Letters of consent section.
What is parental responsibility and who has it?
Parental responsibility is a legal term describing the legal rights a parent has over their child and is defined in Section 3(1) of the Children Act 1989 as having "All the rights, duties, powers, responsibility and authority which by law a parent of a child has in relation to the child and his property".
Parental responsibility is automatically acquired by a mother at the time her child is born. Fathers' parental responsibility is not always automatically acquired and depends on where in the United Kingdom the child resides.
Children residing in England and Wales
If the mother and father were married at the time of the child's birth, or they have married subsequently, the father will share parental responsibility for the child. For births registered on or after the 1st of December in 2003, an unmarried father automatically acquires parental responsibility if he is recorded as the child's father on the birth certificate.
Children residing in Scotland
If the mother and father were married at the time of conception, or if the mother married the father at any time after conception, the father also has parental responsibility for the child.
Children residing in Northern Ireland
If the mother and father were married at the time of the child's birth, the father will share parental responsibility for the child. For births registered on or after the 15th of April in 2002, an unmarried father automatically acquires parental responsibility if he is recorded as the child's father on the birth certificate.
Applying without the consent of everyone with parental responsibility
It is possible for a parent who has custody of a child to change the child's name without the other parent's consent if the other parent cannot be located. Before you opt for this option, you should make all reasonable attempts to contact the missing parent which includes writing to the missing parent at their last known address and contacting the missing parent's friends and family asking if they know of the missing parent's whereabouts.
If this is the situation you find your self in, you can apply for a Deed Poll and send us a letter of consent explaining your circumstances. The letter of consent should including details of the reasonable attempts you have made to make contact with the missing parent, the period of time the missing parent has been absent and other information that you think might help support your application.
Note, although we might issue your child's Deed Poll without the consent of everyone with parental responsibility, we cannot offer our usual acceptance guarantee in these circumstances. If you want to guarantee that your child's name change will be upheld, you can obtain a court order permitting the parent that has custody of the child to change their child's name without the consent of the absent parent. If the absent parent has not been in contact with the child for several years and does not make financial contributions towards the upkeep of the child, you should find your application to obtain the court order straight forward.
Related pages
