I want to change my child’s surname, can I?
A child’s surname is important as it is part of the child’s identity. A child’s parents can jointly act and have the right to name and re-name their child. The process is simple and is done by the parents signing a Change of Name Deed.
In circumstances where parents are separated and one parent wishes to change a child’s surname, whether they can do so depends on whether only that parent has Parental Responsibility for the child. The one parent with Parental Responsibility does have the right to change their child’s surname without the other parents consent. However it is accepted practice that a parent should be contacted about the wish to change their child’s name. In situations like this, a solicitor would normally contact the parent.
Where both parents have Parental Responsibility, then if one wishes to change the child’s surname then there must be consent from the other. Again a solicitor will write to a parent asking for consent to change a name. If consent is given then a Change of Name Deed can be prepared.
If parents are not able to agree on a child’s surname then an application may have to be made to Court for a decision on what the child should be called. Stephensons' solicitors are experienced family law specialists in disputes concerning children and can advise in detail of the options available to parents in these circumstances. Contact the family line team on 0800 073 1324.