A child is given their name when it is registered shortly after their birth by their mother or father, or someone else with parental responsibility. The birth certificate is the official record of the child’s name and sets out their birth date and the names and details of their parents. A child’s first name or surname can be changed or even added to.
The rules surrounding the changing of a child’s name:
- If only one parent or person has parental responsibility for the child, that person can lawfully change the child’s name. However, if the parent without parental responsibility objects it is good practice to seek permission from the Court by way of an application.
- If two or more people have parental responsibility for a child, all of them must agree to change the child’s name—an agreement does not have to be in writing, but it is recommended. If they do not agree then an application for a Specific Issues Order must be made for the Court’s permission to allow a change of name.
- If a Child Arrangements Order is in force that regulates the arrangements relating to with whom the child is to live and when the child is to live with any person, no person may cause the child to be known by a new surname without either the written consent of every person who has parental responsibility for the child or leave of the Court. This will form part of the warning notice within the order even if the child reaches the age of 16. Any Child Arrangements Order will remain in force until the child reaches the age of 18, unless the Court order specifies differently.
However, once a child turns 16 and is not subject to a Child Arrangements Order, the signed consent of the child themselves is required to change their surname. There is no clear guidance which confirms once a child turns 16 that the consent of any other person holding parental responsibility may be dispensed with in order to effect a change of surname. An application to the Court still appears to be the recommended way forward and given the child’s age their views are likely to be highly persuasive for the Court when determining the application for a change of surname.
The Court is also likely to accept the reality that where a 16/17 year old child is determined to be known by a new surname, they are likely to achieve that result informally by asking their friends and school to call them by the surname of their choice, regardless of any decision of the Court.
An application for a change of name of a child and what the Court will consider
In Dawson v Wearmouth, the House of Lords laid down the principle that a Court should not make an Order to change a child’s surname unless there is evidence that it would lead to an improvement in their welfare.
A change of name is an important issue and not to be taken lightly. In deciding whether to grant permission, the Court must regard the child’s welfare as its paramount consideration. The Court, when considering an application, must presume in respect of each parent unless to the contrary is shown, that involvement of that parent in the life of the child concerned will further the child’s welfare.
- If that parent can be involved in the child’s life in a way that does not put the child at risk of suffering harm; and
- Is to be treated unless there is some evidence before the Court in the particular proceedings to suggest that involvement of that parent in the child’s life would put the child at risk of suffering harm whatever the form of involvement.
If a parent can be involved in a child’s life in a way that does not put that child at risk of suffering harm the presumption applies to that parent and the Court must then go on to consider whether it is rebutted on the basis that it is shown that parent’s involvement would not in fact further the child’s welfare.
A point to recognise, however, is the importance of the child’s link with a parent with whom they do not live has been recognised as important when considering the child’s surname, including to advance a cultural or religious link.
How can we help?
Rina Mistry is a Senior Associate in our Family Law team, advising on a wide range of family law work, and in particular specialising in private children’s law and children matters.
If you need further advice on the subjects discussed above, please contact us and we will be happy to discuss your circumstances in more detail and give you more information about the services that our family law solicitors can provide along with details of our hourly rates and fixed fee services.
For more information or advice, please call Rina or another member of our team in Derby, Leicester or Nottingham on 0800 024 1976 or contact us via our online form.