By Judith O’Brien, Partner – Family Law
It is not uncommon for parents to ask about changing a child’s surname – particularly in cases of second marriages or blended families. Understandably, parents often wish to avoid a situation where their child feels like the “odd one out” if the family surname changes following a remarriage.
However, a child’s name is a significant part of their individual identity. Great care should be taken before making any changes, especially for children aged sixteen and under.
Legal name vs. “known by” name
A child may have both a legal name and a “known by” name.
- The legal name is the one recorded on the birth certificate
- The “known by” name might be a middle name or a different surname used informally
Even if friends, teachers, and relatives use the “known by” name, all official records – such as school and medical records – will still carry the legal name.
Changing a child’s name by agreement
The first step is to secure consent from all parties with parental responsibility for the child – usually both parents. If everyone agrees, the process is straightforward: a Change of Name Deed (often referred to as a deed poll) is prepared.
It is highly unlikely that a birth certificate will be amended following a name change, as it is a historical record. Amendments are generally only made to correct mistakes or errors made at the time of registration.
When there is no agreement
If one parent does not agree to the change, you must demonstrate that it is in the child’s best interests. This requires making an application to court for a Specific Issue Order. If the court grants the application, a Change of Name Deed can then be prepared.
The court treats such applications seriously, recognising that a name is a core part of a child’s identity.
When the other parent cannot be located
If you no longer have contact with the other parent but they may still have parental responsibility, you must show the court that you have made reasonable efforts to locate them. If these attempts fail, you can still apply to court.
You are more likely to succeed if the child has no relationship with that parent or their family. The court may impose restrictions depending on the circumstances.
Restrictions on names
Any new name must be:
- Pronounceable
- Not vulgar or offensive
- Without punctuation marks other than a hyphen or apostrophe
- Without symbols or non-standard characters
This means that the artist formerly known as Prince would not have succeeded under English law, and names such as “Cher” or “Lulu” would not be permitted as the sole legal name – a forename and a surname are required.
For expert guidance on changing a child’s name, contact Judith O’Brien, Partner – Family Law at Prosperity Law.
Email: Judith.OBrien@prosperitylaw.com
Phone: 0161 464 9706
Glossary of Terms
- Parental Responsibility – The legal rights and duties a parent has in relation to their child
- Change of Name Deed / Deed Poll – A legal document used to officially change a person’s name
- Specific Issue Order – A court order used to resolve a specific dispute about a child’s upbringing, such as their name
- Known By Name – A name a person uses in everyday life that differs from their legal name
