A child’s surname can be legally changed after a divorce or separation if everyone with parental responsibility agrees and consents to the name change.
Changing a child’s surname
A child’s surname can be changed after a divorce or separation by deed poll if everyone who has parental responsibility agrees and gives their written consent, or you can apply for a court order if everyone with parental responsibility does not agree and will not give their written consent to the name change. You can change your child’s name at any time, as long as they are under 16 years old, there does not always have to be a reason for the name change but it is easier to explain to the courts and to anybody with parental responsibility (who you need consent from) why you wish to change your child’s surname is you have a valid reason.
Reasons for a name change might include -
- You want all your children to have the same surname.
- You want you and your child to have the same surname (e.g., if you have gone back to your maiden’s name after a divorce)
- You want your child to have the same surname as the rest of your family.
- You have re-married and want your child to have your new married name.
- Safety concerns
Deed poll
To change a child’s surname by deed poll, you will need everyone with parental responsibility (if there is anyone) consent to the name change in writing. A child’s mother has parental responsibility from the birth of her child and a father usually has parental responsibility if he is married to the mother of his child or if he is listed on the birth certificate (depending on what part of the UK the child was born in), anyone else must apply for parental responsibility.
You will need to use the forms to change your child’s name by deed poll –
- Form L0C022 – the change of name for a minor, this is known as the deed poll.
- Form L0C023 – The ‘Affidavit of best interest’ where you will state that the name change is in the child’s best interest.
- Form L0C024 – The statutory declaration for the name changes of a minor.
- Form L0C026 – The notice for the London Gazette (official public record) for the name change of a minor.
- You can download the forms from the GOV.UK website. It will cost £42.44 to apply for deed poll. You can fill out these forms by yourself or with a solicitor if you feel it is necessary.
Send the forms to –
Queen’s Bench Division
Enforcement Section
Room E15
The Royal courts of Justice
Strand
London
WC2A 2LLA
You can also make a ‘Statutory Declaration’ which is a statement created and signed in the presence of a solicitor. You can have one made to state that everyone with parental responsibility had agreed to the name change, you can only do this if there are no current orders in effect relating to the child. Making a fake statutory declaration is a criminal offence.
If you are not in contact with the child’s other parent
If you are not in contact with your other child’s parent (or anybody else with parental responsibility) you could try these ways to get in contact with them –
- Ask friends and/or family for any information that may help you find them (e.g., where they work, new address etc.).
- Use social media such as Facebook, Twitter, LinkedIn to search for them.
- Send a letter to the last address you have for them; it may get re-directed to their new address.
- Look on online directories such as Yell and 192.com (these will search the electoral register).
- Ask the courts or the Salvation Army to trace them if you cannot find them.
Writing a letter asking for consent
When asking the other parent (or anybody else with parental responsibility) it is important to take things slow especially if you have not been in contact with them for a while. Give them time to understand and think about the situation and the fact you have reached out them again.
It is up to you how you contact them, but it is probably better to send a letter or an email because it gives the other person time to think, and they can re-read the letter of email if they feel they need to. A phone call may seem too formal and puts them on the spot meaning they may feel rushed to give make a decision. It is important to not rush them, and to not think about your past relationship or past arguments and focus on your child.
When writing the email or letter, it is important to keep the tone positive or at least neutral and try to keep it less formal. Explain your reasons for wanting to change your child’s name and explain why it is in your child’s best interests. Spend some time collecting your thought first, you may want to write a draft or even a list of all the points you want to make first before writing the letter or email. It is important to not let your emotions get in the way and stay focused on your child. You may want to re-read you letter or email a few days after you have written it before you send it.
If your child has the other parent’s surname, they may be offended or upset that you wish to change their surname to yours. You should be ready to compromise with them (if suitable) such as suggesting a double-barrelled surname (when the child has both of their parent’s surnames)
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Asking the court for permission to change your child’s surname.
If you cannot get consent from everyone with parental responsibility, you will need to apply to the courts. It can be more difficult to change your child’s surname through the courts and there is no guarantee the courts will give their permission.
Here are a few ways to stay out of court -
You may need to compromise with the other parent and suggest using double barrelled surnames. The child’s other parent may be unlikely to agree to you taking their surname away from their child completely, so double barrelling is a good way to compromise as you are not removing the other parents surname just adding a new one, it may be better for your child as they will still feel connected to both of their parents.
Some examples of double barrelling surnames include –
- Smith-Jones
- Smith Jones
- Jones-Smith
- Jones Smith
If your child is almost 16 years old, they can change their surname once they are 16 through deed poll without consent from their parents. If your child agrees to the name change and they are almost 16 years old, it might be easier to wait until they can do it themselves.
If compromising does not work and you do not want to wait until your child is 16 years old, you will need to apply to the courts to get permission to change your child’s name. It can be difficult to get a court order to change the child’s surname, but it can be done.
Courts usually refuse any changes to a child’s surname because a child’s surname is seen as an important part of their identity, even in situations where the other parent has not made contact for several years. The courts see it as important for the child’s surname to stay the same, as this may be the last connection to the absent parent.
Before you apply you should consider these things –
- How likely it is the court will grant the name change.
- How will the court process affect you and your child.
- How will the result affect you and your child.
- How long the court process could take.
- How much the process will cost.
- How stressful the process with be for you and your family as well as the other party.
Applying to court should be the last possible result as it can be stressful for everyone involved, including you child. The court will try to ger you both to come to an agreement beforehand. One of our advisors can help you decide if going to court is the best thing to do in your situation.
It is important you apply for the right order; most people can apply using a ‘Specific Issue Order’ but there are some situations where you will need to apply using a different order.
The type of application you will need to make depends on –
- Whether there are any court orders currently in effect relating to your child
- If you want to change their surname or just the forename
If the child has been placed for adoption (or an adoption agency has been authorised to take them) and an adoption order has not been made yet, you will need to apply for a ‘Free Standing Application’ under the adoption and children act 2002.
If the child is under a care order or an interim care order, you will need to apply for a ‘Free Standing Application’ under subsection 33(7) of the children act 1989.
You will need to make a ‘Free Standing Application’ under subsection 13(1)/14c(3) of the children act 1989 if you want to change your child’s surname and your child is under any of these orders.
- A Child Arrangements order.
- A Residence Order. (pre-2014)
- A special guardianship order.
If your child is under child arrangements order or residence order, you should apply under section 13(1). If your child is under a special guardianship order you should apply under section 14c(3).
You can apply for a Specific Issue Order if –
- You are applying to change the child’s forename only.
- Your child has not been placed for adoption (and is not going to be)
- They are not under a Child arrangements order, a residence order, a special guardianship order, a care order, an interim care order or a placement order or all such orders are no longer in effect.
Before you apply for court you will usually need to attend a MIAM (mediation information and assessment meeting) with a family mediator to find out if the dispute can be settling through mediation rather than going through the courts. In some situations, you will not have to attend a MIAM if you are exempt.
You are exempt if –
- There has been domestic violence in the relationship.
- The child (or another child in the same family) is subject to a child protection plan or child protection enquires from the local authority.
- The application is urgent (such as there is a risk of harm to anybody in the family)
- You have already attended a MIAM in the past 4 months.
- There are no family mediators within 15 miles of your home.
- A family mediator has said that mediation is not suitable in your situation.
- You will need to fill out Form FM1 and have it signed by the family mediator, make sure each part of the form is filled out correctly.
The application
You will need to fill out Form C1 and state what orders you are applying for. You should return the forms to a family court closest to where the child lives. If you want your contact details to remain confidential from the other party, you can leave them blank but fill out a form C8 and include it with the other forms.
You will need to pay a fee of £215 to apply for the court order. You may be able to get help with court fees if you are on benefits or are on low income.
Your application will be refused if –
- The name is chosen with the intent to commit fraud.
- The name is demeaning, offensive or against the law.
- Contains symbols or punctuation marks other than hyphens or apostrophes.
- Has more than 300 characters
- Impossible to pronounce.
Who to inform of your child’s change of name
Here is a list of people you should inform of you child’s new name –
- Family and friends
- Schools
- Doctor
- Dentist
- Hospital
- Clubs, activities etc.
- Banks/building society
- Child benefit
- Other benefits where your child is named
- HM passport office
- Child maintenance service
- CAHMS
- Social services
Here is a template letter to send –
Dear [name]
I wish to inform you that [child's name] has now been legally changed to [new name]. I enclose a copy of the deed poll/court order as proof.
I would be grateful if you could update your records accordingly and ensure that any future communications contains my child's new legal name.
Yours faithfully, etc
For a FREE 20-minute appointment with a divorce consultant specialising in child arrangements Click here. Contact Wikivorce
Useful links –
- Mediation FM1 Form
- Form C1: Apply for certain orders under the Children Act 1989
- Form EX160: Apply for help with court and tribunal fees
- EX160A - How to Apply For help With Court Fees
- Form C8: Apply to keep your contact details confidential from other parties in family proceedings
- Deed Poll Office - paralegal firm specialising in name change law in the U.K.
- Change your name by deed poll - Gov.UK
- Wikivorce Guide to Changing Your Name
- Gingerbread Factsheet - Changing A Child's Name or Birth Certificate
- Family Lives - How to Change Your Child's Surname
