FAQ

Changing Your Child's Surname without Everyone's Consent England, Wales, and Northern Ireland Legally, changing a child's surname requires the consent of all individuals with parental responsibility. Official bodies will demand written consent from all parties involved. If you obtain a passport under the new surname and the HM Passport Office discovers that a person with parental responsibility has not given their consent, they will revoke your passport. If you wish to change your child's surname against the wishes of another person with parental responsibility, you should obtain a court order, typically a Specific Issue Order. Official bodies will accept a court order in lieu of consent. The courts have become increasingly cautious about allowing surname changes since a landmark court case in 1997. Legally, a child's surname change is considered fundamental, and no official body should allow a child to be known by a new name without the consent of every person with parental responsibility. When considering cases involving name changes, the court will always prioritize the child's welfare. Therefore, it will carefully consider the child's views and wishes when making a decision (taking into account the child's age and circumstances). However, even when the child supports a surname change, the court tends to resist consenting due to: The profound importance of a child's initial name registration The significance of a child's surname as a link to their father (or mother) and its role in their identity, especially when that parent is absent The growing acceptance of children having different surnames from other family members, reducing the weight given to the desire to conform The requirement for compelling reasons, considering the child's welfare, to justify a surname change Merely changing a child's surname to match the mother's (or father's) is not considered a sufficient reason. If you intend to apply for a court order, consider requesting to double-barrel your surname with the child's existing surname, as this preserves the identity link to the other parent. It is not uncommon for an unmarried mother to change her child's name by deed poll and then for the father to later obtain a parental responsibility order. In this case, since the mother was the sole person with parental responsibility at the time the deed poll was executed, the name change is valid. If the father wishes to revert the name and the mother does not consent, the father would need to obtain a Specific Issue Order. However, in such cases, the court is likely to side with the father. While you can enroll your deed poll through the Senior Courts of England & Wales without everyone's consent, you must provide reasons for being unable to obtain consent. The judge will then decide whether to approve the change. An enrolled deed poll is accepted as evidence of a name change without further proof of consent because it has already been approved by the court. However, the High Court of Justice is not necessarily more lenient than other courts, so it should not be seen as a workaround. If the Father Doesn't Have Parental Responsibility While you are not legally obligated to, it is good practice to contact the child's father for his views and try to obtain his consent, especially if: The child bears the father's surname You intend to remove the father's surname The father has regular contact or otherwise positively impacts the child's welfare The father demonstrates commitment to the child There is a strong bond between the father and the child (considering the child's age) In some cases, a child's father has obtained a court order to reverse a surname change even without having parental responsibility for the child. In cases involving children, the courts prioritize the child's welfare, and if a name change is not clearly in the child's best interests, the court may reverse the decision. To minimize the risk of the father attempting to reverse a surname change, consider: Compromising with the father to obtain his consent, typically by double-barreling your surname with his rather than replacing it Applying for a Specific Issue Order to change the surname Scotland In Scotland, you do not need everyone with parental responsibilities and rights to consent. It is sufficient for one person with parental responsibilities and rights to consent, but that person must consult everyone else with parental responsibilities and rights as far as practicable and take their views into account, as well as the views of the child themself (taking into account their age and maturity). They should make a written statement that they have done so, and official bodies should demand to see the statement before accepting the name change.

Changing a Child's Name by Deed Poll You can change your child's name at any time before they turn 16 years old. No specific reason is required, but all individuals with parental responsibility for the child must agree to the change. For 16 and 17-year-olds, changing their name requires an adult deed poll. However, certain situations may necessitate the consent of all individuals with parental responsibility. The process of changing a child's name is identical to that for an adult. For more general information, refer to the guidelines on changing your name. Obtaining Consent for Changing a Child's Name If the Child Resides in England, Wales, or Northern Ireland To change a child's name by deed poll, all individuals with parental responsibility for the child must provide written consent to the name change. When updating the child's records, official bodies will require this written consent (along with the deed poll). Alternatively, you can make a statutory declaration confirming that everyone with parental responsibility has agreed to the name change. However, this is only possible if there are no court orders in effect regarding the child. Otherwise, you must obtain written consent from everyone involved. Making a false statutory declaration is a criminal offense. If obtaining everyone's consent is not possible, you will need to obtain a court order authorizing the name change, typically a Specific Issue Order. It is considered good practice to seek the consent of all of the child's parents, even if one parent does not have parental responsibility. In cases where a dispute reaches the courts, the court tends to be particularly resistant to surname changes, as this is considered an important link to the child's father or mother. There have been cases where a child's father has obtained a court order to reverse a surname change even without having parental responsibility for the child. For more information, see the section below on changing a child's surname when the father does not have parental responsibility. If the Child Resides in Scotland If your child resides in Scotland, it is sufficient for one person with parental responsibilities and rights to consent to the name change. However, this individual must make a written statement that they have consulted, as far as practicable, with everyone else with parental responsibilities and rights about the change, taken their views into account, and considered the views of the child themselves (taking into account their age and maturity). Official bodies will require this written statement (along with the deed poll) when updating the child's records. If, for any reason, you do not wish to consult the other parent, you can apply for a court order permitting the name change, typically a Specific Issue Order.

Avoidable Name Choices Certain name choices, while not illegal, are likely to cause problems when changing your name on official records. It's advisable to avoid names that: Are difficult or impossible to pronounce Are excessively long Contain numbers, such as "Super8" or "4Real" Are vulgar, offensive, or blasphemous Are chosen purely for commercial reasons Are chosen on a whim or for a frivolous purpose Are trademarked (e.g., "Coca-Cola") Combine names to form a phrase or saying, such as "Happy Birthday" or "See You Later" Resemble a title (e.g., "Lord," "Baron," or "Princess") Suggest the holder has honors (e.g., surnames ending with "OBE" or "VC") Are single names (i.e., a first name without a surname) The HM Passport Office (HMPO) has its own set of guidelines for unacceptable names, and it's crucial to adhere to them. If the HMPO rejects your name, your name change will be invalid, as you must update all official documents. Keep in mind that if you don't have a UK passport, the HMPO's opinion may not matter immediately, but you may want one in the future, and an unacceptable name to the HMPO is likely to be unacceptable to other organizations as well. HMPO Restrictions on Passport Names Any name rejected by HMPO due to the rules above will also be rejected for passport applications. However, the HMPO has additional restrictions on names that can be printed on passports. These restrictions differ from the official government policy on names and are specific to the HMPO. The HMPO reserves the right to reject names it deems legal to protect the reputation of the UK passport. Names with Diacritic Marks (Accents, Umlauts, etc.) The HMPO will not print names with diacritic marks (accents, cedillas, circumflexes, umlauts, etc.) on passports. Instead, they will print a transliterated version of the name. For example, "Chloë" will be printed as "Chloe." You should write the transliterated version on your passport application. It doesn't matter if your official documents show the name with diacritic marks, as long as the transliteration is clearly derived from the original name. Names Containing Numbers (e.g., "Super8" or "4Real") The HMPO will not print numerals (0-9) on a passport. Only alphabetical characters (A-Z), hyphens, and apostrophes are allowed. If your name contains a number that appears on your original birth certificate, the HMPO will write out the number alphabetically, such as "Super Eight" or "Four Real." However, names containing numbers on a deed poll will be refused. Vulgar, Offensive, or Blasphemous Names While not necessarily illegal, vulgar, offensive, or blasphemous names will not be accepted by the HMPO. Examples include: Potentially blasphemous names: Names with religious connotations, such as "Jesus Christ" or "Allah" Taboo swear words Sexually explicit words Note that "Jesus" alone is acceptable and commonly used in some cultures. Names that are merely distasteful may be considered "unusual" and may be accepted by the HMPO. Refer to the advice on unusual names below for more information.

If you're considering reverting to your birth name after divorce, you may not need a deed poll. The following documents can serve as proof of your name change: Your divorce documents (decree absolute if divorced in the U.K.) Your original marriage certificate Your original birth certificate A signed statement confirming the resumption of your maiden name for all purposes Divorce documents alone are generally not sufficient to establish a name change. This is because divorce documents issued in England and Wales since 1971 no longer explicitly link your married name to your maiden name. If your divorce document clearly states both your married name and your maiden name, it may be accepted on its own, without requiring your marriage certificate. If you lack any of the required documents or haven't received your decree absolute yet, you can change your name by deed poll without waiting for the divorce to finalize. Note that while some organizations (such as the DVLA) accept a decree nisi in lieu of a decree absolute, HM Passport Office only accepts a decree absolute. To revert to a name other than your birth name, you'll need a deed poll as proof of your name change. Changing your title (e.g., from Mrs. to Miss or Ms.) doesn't require a deed poll. Changing Your Name by Deed Poll A deed poll is necessary to change your name if: You haven't divorced or are still in the process of getting divorced You have your decree nisi but not yet your decree absolute You've lost your divorce documents You lack an original marriage certificate (the court handling your divorce should have a copy) You lack an original birth certificate Legally, the method used to change your name (divorce documents or deed poll) doesn't matter. The document itself doesn't change your name; it merely serves as evidence of the name change. Legally, your name is changed through usage. Retrieving a Lost Decree Absolute Obtain a copy of your decree absolute (divorce decree in Scotland) from the issuing court. Use the relevant court finder to locate the court's contact information: England & Wales: Find a court in England & Wales Scotland: Find a court in Scotland Northern Ireland: Find a court in Northern Ireland A copy of the decree absolute costs £5 in England & Wales if you have the case number, or £40 if you don't. If you can't remember the issuing court, contact the Principal Registry of the Family Division for a search. This costs £60. Complete form D440: Request for search for Decree Absolute, and send it along with your payment to: Principal Registry of the Family Division First Avenue House 42–49 High Holborn London WC1V 6NP A copy of the divorce decree in Scotland costs £21, including the search fee. Apply in writing, providing as much detail as possible (parties' names, divorce date, marriage date and location). A copy of the decree absolute in Northern Ireland costs £10 if you have the case number. If you don't, use the ICOS online service to search. Creating an account is required and costs £20. Retrieving a Lost Marriage/Birth Certificate Obtain replacement certificates from the General Register Office for births and marriages registered in England & Wales. Each certificate costs £9.25 and can be ordered online by registering on the GRO website. Contact the General Register Office for Scotland for replacement certificates for births or marriages registered in Scotland. Each certificate costs £15, and you'll need to fill out form SU3 and send it along with your payment to: General Register Office New Register House 3 West Register Street Edinburgh EH1 3YT Contact the General Register Office Northern Ireland for replacement certificates for births or marriages registered in Northern Ireland. Each certificate costs £15 and can be ordered online.

A deed poll is a formal legal document that serves as proof of a name change. In the United Kingdom, changing your name is a legal process that does not require official registration. Instead, your name is legally established through consistent usage. While you can simply start using a new name and gradually become known by it, you will need a formal document to prove your name change when updating your passport, driving license, and other official documents. A deed poll, also known as a change of name deed, is a formal legal document in which you declare your intention to abandon your old name and adopt a new one for all purposes. This document is recognized by all government agencies in the UK, including HM Passport Office and the DVLA, as well as by all banks and other organizations. To make your deed poll legally binding, you must sign and date it, and it must also be witnessed. When you apply for a deed poll, you will receive comprehensive instructions on how to complete the document and what to do with it afterward.

Updating Your Name on Documents and Records After you've completed your deed poll, you'll need to update your official documents and records to reflect your new name. The deed poll serves as proof of your name change. Your legal name is the one you are typically known by, so updating your records is an essential step in the process. Legal Requirements There is a legal requirement to keep the following up-to-date with your current name: Driving license Company director's register (for directors of UK companies) Biometric Residence Permit (BRP) (for non-EEA nationals) Apart from these instances, there is no legal requirement to update your documents and records to reflect your new name. There is also no set time limit for updating them. However, if you don't update most of your records, your name change may not be considered genuine or legal. Order of Updating Documents Generally, there is no specific order for updating your documents and records. However, there are a few exceptions: British Passport: To apply for a passport in your new name, you must first update one other official document or record. This demonstrates that you intend to use your new name for all purposes, making your name change genuine. Acceptable proof of name usage includes: Tax records (e.g., a letter from HMRC, the Child Benefit Office, or another tax authority) Employment records (e.g., a payslip or official letter from your employer) Educational records (e.g., a school report) A letter from a central, regional, or local government department (e.g., a council tax bill) A UK or overseas driving license A national identity card (or equivalent) A visa or residence permit A medical/health card A voting card A bank statement (UK applications only) A baptismal or confirmation certificate (You don't need to provide proof of name usage if you're using your marriage/civil partnership certificate as proof of your name change or if you're transgender and have a Gender Recognition Certificate in your new name.) Biometric Residence Permit (BRP): If you hold a Biometric Residence Permit (BRP), it's recommended that you update your documents in the following order: Passport/national identity card/non-UK travel document (unless an exception applies) Biometric Residence Permit (BRP) Home Office travel documents (if you hold one) (Convention Travel Document/Stateless Person's Travel Document/Certificate of Travel) Everything else Land/Property Title Registration: If you own land or property, you'll need to provide proof of identity in both your new and old names. If your land/property is in England & Wales, your primary proof of identity must be in your new name, but you'll also need to provide proof in your old name. Therefore, it makes sense to update your driving license/passport (if you have one) before updating your details with HM Land Registry. However, if you're relying on your driving license, it's a good idea to make a certified copy of your old license before sending it off to be updated. In any case, you can use certified copies in place of any original documents you want to show. Additional Notes You can update your driving license (including provisional licenses) "forthwith" (as soon as possible) if you change your name. Failure to do so may result in a fine of up to £1,000. However, you can still drive while your license is being updated. You must renew your Biometric Residence Permit (BRP) in your new name within 3 months of changing your name. Failure to do so may result in a fine of up to £1,000 or a shortened stay in the UK. (This does not apply to British, Irish, EEA, or Swiss nationals living in the UK.) It's not a legal requirement to renew your passport immediately after changing your name. A valid passport remains valid for travel until it expires, and you can use it (in the old name) if you wish. However, you'll need to ensure that any flights/hotel bookings/visas you arrange are in the same name as on your passport, or you may face difficulties at border control.

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