Changing your child's name

Changing the name of a child (someone under the age of 16) by Deed Poll is a simple process however there are certain requirements which must be met before we can release your name change documentation.

If you are a parent looking to change your child's legal name you should read this article in full before making your Deed Poll application to ensure that you fully understand the procedure involved.

Sections in this article:

Letters of consent

When changing a child's legal name there is a requirement by law that everyone with parental responsibility consents to the change of name taking place. In order for us to confirm this, we require that the applicant send a letter of consent to our office which is signed by everyone with parental responsibility before we can release your child's Deed Poll documentation. A letter of consent is not only required by the UK Name Change Service; official record holders such as the Identity and Passport Service will also want to satisfy themselves that everyone with parental responsibility has consented to the change of name before they will amend their records.

We will return your letter of consent to you when we dispatch your child's Deed Poll in order for you to continue to use the letter in conjunction with the Deed Poll when requesting that government agencies, private companies and other organisations amend their records.

Parental responsibility

Parental responsibility is a legal term which describes the legal rights which a parent has over their child and is defined by 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 acquired automatically by the mother of a child at the time of birth. Fathers' legal parental responsibility is not always automatically acquired and will depend on a number of factors such as where in the United Kingdom the child's birth was registered.

Who has parental responsibility?

As mentioned above, mothers automatically acquire parental responsibility at the time their child is born but fathers do not. You can read the sections below to find out if you have sole or joint parental responsibility for your child:

Births which were registered in England or 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.

Births which were registered 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, both will have parental responsibility for the child. Fathers will also gain parental responsibility if they are recorded as the child's father on the birth certificate and the birth was registered on or after the 4th of May 2006.

Births which were registered 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.

Changing a name without consent

When attempting to change your child's name you may find you are unable to get the written consent of everyone with parental responsibility because one party is absent (whereabouts unknown) or is simply refusing to give permission. It is possible for a parent who has custody of a child to change the child's name without the consent of the other parent by applying to your local family court for leave (permission) to make the name change.

When deciding whether or not to grant you leave to change your child's name, the court will take into consideration a number of factors such as the wishes of the child (usually only if they are age 11 or above) and the level and quality of contact between the child and the absent/refusing parent

If you are attempting to remove the family name link between your child's and their father by changing the child's surname from the father's to your own, you will be met with opposition from the court if the father maintains regular contact with the child and makes financial contributions to their upkeep. Instead of completely removing any reference to the father from your child's name, you might consider adding your own name to the existing surname by double-barreling (e.g. Henderson-Jones) it. The court will look favorably upon this move as you are maintaining a link to the child's father while also adding your own surname.

If you wish to apply for leave to change your child's name without the consent of someone with parental responsibility, you should seek independent legal advice from a family solicitor – The UK Name Change Service cannot give you advice on your specific situation.

Changing a child's birth certificate

As a general rule, a child's birth certificate cannot be changed to show a new name because it is considered an historical document which was correct at the time in which the birth was registered. Having said that, there are circumstances whereby you can apply to have a birth certificate amended. Please read our related article called Can a birth certificate be amended? for details of when a birth certificate can be changed and how to go about it.

Example letters of consent

We have ready-made letter of consent templates available for you to download and customise to your particular situation. The template you require will depend on who has parental responsibility for your child so please ensure that you have read the above sections on the subject. If you are in any doubt as to who has parental responsibility for your child, please do not hesitate to contact us.