Changing a child’s surname: what you need to consider
A child’s surname can be a significant part of their identity and ancestral history. The decision on whose surname a child should carry can therefore be a substantial one.
Sometimes, one parent may decide that it is necessary for a child’s surname to be changed. This often occurs when parents separate and the mother may want her and her child to use her maiden name, for example.
Changing a child’s surname is not a decision that should be taken lightly. Here are five key things that you should consider when deciding whether to change a child’s surname.
1. Obtaining agreement to the change of a child’s surname
A child’s surname can be lawfully changed, provided that all those with Parental Responsibility give their consent. The name change can be simply effected by way of a Change of Name Deed or by Deed Poll.
The person with Parental Responsibility seeking to change the child’s surname should therefore seek to obtain the agreement of the other person holding Parental Responsibility.
2. If an agreement cannot be reached to change the child’s surname
If the other person with Parental Responsibility does not agree to change the child’s surname, matters can become more complicated and may result in legal action.
Without the consent of the other person who has Parental Responsibility for the child, you cannot change a child’s surname, unless you apply to the Court for permission.
Whether a Court will permit the change in the child’s surname will depend on the reasoning behind the application. It is important to note that there is a high threshold that will need to be met – the Court often takes the view that the child should keep its surname as it is, unless changing it will result in an obvious improvement to the child’s welfare.
3. The wishes and feelings of the child
If the child is old enough to understand the implications of a name change, we would advise the parties with Parental Responsibility to take the child’s wishes and feelings into consideration when determining whether to change the child’s surname.
If the issue regarding the child’s surname is presented before a Court, the Court will consider the child’s wishes and feelings. However, it is worth noting that the child’s wishes and feelings are not always determinative to a Court.
4. The welfare of the child
Ultimately, the welfare of the child is of paramount importance to the Court.
When determining whether to agree to a change in a child’s surname, the Court will consider the effect of the change in surname on the child’s welfare. For example, the Court will consider the length of time the child has been known by their existing surname, the effect that changing their surname would have on them, the effect that not changing their surname would have on them and the reasons for the change of surname.
5. Family tradition and heritage
Parents may wish to consider the importance of maintaining a family name or cultural heritage.
Getting more help
If you would like to discuss changing a child’s surname after a divorce, or if you believe your ex-partner has changed your child’s surname, please contact Lennons’ specialist family law team. Call 01494 773377 or email hello@lennonssolicitors.co.uk
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