Change of Name Deed
A child's legal name can be changed provided everyone with parental responsibility for that child consents to the name change. Strictly speaking, a letter of consent signed by everyone with parental responsibility should be obtained. This is required by most regulatory bodies, including schools and doctors etc.
If a parent has sole parental responsibility they do not need to produce a letter of consent. It is best, however, to try to get both parents' consent, especially if both parents are regularly involved with the child, regardless as to whether they have parental responsibility.
In the case of children aged 16 and over, they can elect to have their name changed without parental consent.
Whilst this sounds straight forward if someone with parental responsibility objects to the change of name then you would have to apply to the Court for permission. Even if the other parent did not have parental responsibility they could still apply to the Court for an Order seeking to prevent you from changing the name.
The Court will only Order what they consider to be in the best interests of the child. If the child has had their surname for a long time and it links them with their father, the Court will sometimes refuse such a request.
It is best to seek specialist advice before seeking to change your child's surname.
If these matters effect you please complete a contact form or call us directly on 01483 302 000 or email samantha.jago@www.rhw.co.uk
