How to Legally Change a Child’s Name or Surname

Changing a child’s name or surname is a major decision with important legal implications for family life.

Whether you’re newly married, separated, divorced, or simply want your child to carry a different name, you need to understand your rights, the legal process, and the potential for disputes.

This article explains:

• What the law says about changing a child’s name in the UK
• When you need permission from the other parent
• What happens if permission is refused
• How to apply to the court if needed
• Practical steps and protections for parents

Do You Need Permission to Change a Child’s Name?

Parental Responsibility Is Key

Under UK law, the ability to change a child’s name, including their surname, depends on who has parental responsibility for the child.

If all individuals with parental responsibility agree, then you can proceed with the name change. If they do not agree, you usually need to involve the family court.

Who typically has parental responsibility?

• The child’s mother always has parental responsibility
• The father usually has parental responsibility if:
  • He was married to the mother at the time of birth
  • He is named on the birth certificate (for births after 1 December 2003)

Other adults (e.g., adopters or certain stepparents) can also acquire parental responsibility by agreement or court order.

If someone does not have parental responsibility, they cannot legally block a name change but some courts have ruled that even a parent without responsibility may later apply to challenge the change if it affects the child’s welfare.

How to Change Your Child’s Name

With Consent: By Deed Poll

If everyone with parental responsibility consents to the change, then you can complete a child deed poll which is the legal document that formalises the name change.

You must ensure all parents with parental responsibility sign the deed, and once signed, the deed poll is accepted as proof of the name change by schools, passport offices, and other authorities.

Important to know:

• A child’s birth certificate will not automatically be updated after a deed poll, but the deed poll becomes their legal name evidence
• The deed poll must be signed by both parents if they both have parental responsibility

Without Consent: When Court Permission Is Required

If any parent with parental responsibility refuses to consent, you must apply to the family court for a Specific Issue Order under Section 8 of the Children Act 1989.

The court will make a decision based on what is in the best interests of the child.

It will consider:

• The child’s age and their own wishes and feelings
• The strength of the reasons for and against the name change
• The connection the child has with other family members
• The likely effect of any change on the child’s welfare

In some high-profile cases, courts have even ruled that a child must retain a paternal surname despite serious family conflict or abuse allegations, because the court assessed that the paternal identity was integral to the child’s welfare and identity.

Court time and cost:
Court applications can take longer to resolve and may incur fees. For example, standard court fees are around £263 when applying for a child name change order, though fee waivers may be available for those on low income.

If you are in this situation, expert legal advice is strongly recommended.

Considerations Before You Start

• Child’s Age and Views

Older children’s opinions may be taken into account. A teenager may be able to express a preference, and courts increasingly give weight to mature children’s wishes.

• Stepparents and Adoption

If you are a stepparent and wish to change a stepchild’s name, you generally need consent from everyone with parental responsibility, or your own parental responsibility (e.g., by adoption or a court order), before you can change the name.

• Travel and Official Documents

When travelling abroad, mismatched surnames can create issues with airlines or border officials. It is often advisable to carry supporting legal documentation such as a deed poll and consent letter or court orders.

Practical Steps for Changing a Child’s Name

Before you apply:

• Confirm exactly who has parental responsibility
• Talk to the other parent and try to reach agreement
• Get written consent from all parents with responsibility
• Prepare a child deed poll if all agree
• If consent is refused, seek legal advice, and consider a court application
• Keep records of all communications in case the dispute goes to court

If you’re considering changing your child’s name, especially where consent is contested, we recommend speaking to experienced family law solicitors who can advise you on your best options and help with any court applications.