Are you considering changing the name of your child? We provide guidance on the legal steps you will need to adhere to.
A change of name can be a change of forename, surname, adding or removing parts of the name, adding hyphens, or even changing the spelling. A deed poll is a legal document that is witnessed that proves a change of name.
There are two ways to change the name of a child under the age of 16. You can either:
- Make an ‘unenrolled’ deed poll; or
- Apply for an ‘enrolled’ deed poll.
What is an ‘unenrolled’ deed poll?
An ‘unenrolled’ deed poll for a child must be drafted by either a solicitor or a specialist deed poll agency. An ‘unenrolled’ deed poll is a legal document confirming the change of name that is not then registered at the Royal Courts of Justice.
What is an ‘enrolled’ deed poll?
An ‘enrolled’ deed poll will provide a public record of the name change, as details of the name change are published in the London Gazette online. To complete an ‘enrolled’ deed poll, there is a specific application form which needs to be completed, and there is a cost to submit the form to the Royal Courts of Justice.
Who can change a child’s name?
All people with parental responsibility for the child must agree to the change of name. It is recommended that you obtain the written consent of all those with parental responsibility so that this can be used as evidence, should there be a dispute in future. In addition, certain organisations may request this confirmation when changing the child’s name on certain documentation.
What can be done if consent is not provided to change a child’s name?
If you and the other person or people with parental responsibility cannot agree on the change of name and you still wish to pursue the change of name, an application to the court for a Specific Issue Order would be necessary.
Such an application is not taken lightly by the court, and the court will review the application in accordance with the welfare checklist. The person or people applying to the court need to demonstrate that the change of name is in the child’s best interests with the court considering the child’s welfare as their paramount consideration.
What will the court consider if I do need to apply for a Specific Issue Order?
The court’s primary consideration with such an application and whether or not to allow the change of name is whether doing so is in the child’s best interests.
Each case is fact-dependent and the court will consider all circumstances in the case. Some considerations of the court will be:
- When the issue of a change of name was first raised and the circumstances;
- The reasons for the proposed change of name;
- The length of time the child has been known by their existing name;
- The effect on the child should the change of name be permitted and if it is not;
- Depending on the child’s age, their wishes, and feelings on the proposed change.
The court will also look for reassurance that the motivation behind the change of name is not to reduce the role or significance of the other parent in the child’s life.
Case law on the issue highlights that an application made for convenience sake is unlikely to succeed and therefore if you are considering making an application for a Specific Issue Order, we recommend that you should seek early legal advice.
How does this differ to changing your name as an adult?
As an adult you do not need follow a process to start using a new name. However, certain organisations may insist upon a deed poll. Adults can make an ‘unenrolled’ deed poll, which can be drafted by a solicitor, a specialist deed poll agency or, as an adult, you are able to draft it yourself. You also have the option of applying for an ‘enrolled’ deed poll.
You do not need a deed poll to take your spouse’s or civil partner’s surname following marriage or civil partnership.
If you divorce or end your civil partnership, it is possible to revert to your original name by showing your marriage certificate and decree absolute/final order or civil partnership certificate and final order. It is recommended that you check with each organisation as some may insist upon a deed poll to make the name change.
It is neither a legal nor a practical requirement to enrol a deed poll, but you must ensure it meets the correct formalities. If unsure, you should seek legal advice.
How does the court handle a non-binary child's name change when one parent objects?
In 2024 there was a landmark case, C (A Child) (Change Of Given Name) [2024] EWCA Civ 1582, which was brought to the Court of Appeal regarding a 15 year old who identified as non-binary and had been using a gender-neutral name socially for over three years. The mother supported the child’s wish to change their name, but it was opposed by the father. The Court of Appeal allowed the request for the child’s name to be legally changed, and in doing so addressed key considerations such as the welfare principle, the child’s wishes and feelings, parental conflict, and the child’s Article 8 rights under the European Convention of Human Rights. Each child is different, and each case has different circumstances and facts, however, this case has set a precedent for how the court will consider such cases in the future, in prioritising the welfare, and expressed wishes of the child.
What if a person with parental responsibility is absent from the child’s life?
The only way to guarantee a Deed Poll will be effective is to obtain written consent from the other parent or obtain a court order. When a parent is absent from a child’s life, a court order is strongly advised.
If a parent, is absent, and their whereabouts unknown, in some circumstances it may be possible to change the child’s name by Deed Poll, with a letter of consent in support. The letter should include information about what reasonable measures have been taken to contact the absent parent with parental responsibility and include detail of the period of absence and examples of their absence and behaviour i.e. no contact on birthdays etc. The letter would then be used as evidence when applying to change the child’s documents and records to their new name. Official record holders may not however be satisfied of this evidence, and the change of name could be refused without a court order.
What if my child’s name is changed without my consent?
You should seek independent legal advice as soon as possible to discuss the next steps. You will need to consider an application the court for a specific issue order to potentially change your child’s name back, and whether this is in your child’s best interests.
Who can witness a deed poll?
There should be two valid witnesses, and they must be a British citizen, who is resident in mainland UK or Northern Ireland, and aged 18 or over.
They must know you, but be independent of you, i.e. not a relative, partner or someone you live with. and not be suffering any mental incapacity.
Your witnesses must both be present when you sign your Deed poll.
If you are British and living abroad, or a foreign national, other requirements may need to be satisfied, and this should be checked.
How much does a deed poll cost?
This depends on the individual circumstances, and whether all parties have consented, whether an application to the court is necessary, and whether it is to be enrolled or not. Contact the family team at Weightmans who will be able to discuss this with you in further detail and provide you with a bespoke estimate of costs, tailored to your circumstances.
Frequently asked questions on changing a child's name
For further guidance on changing a child's name, contact our children solicitors.
A version of this article was first published on 21 Oct 2022
