When parents are separated, sometimes one parent wishes to change their child's surname. This is usually the parent that the child lives with, especially if they have little to no contact with the other parent.

If only one of the parents has parental responsibility for the child, they wouldn't need the other parent’s consent to change their surname. They can do this themselves using a Change of Name Deed or Deed Poll. If however, both parents have parental responsibility, you cannot change your child’s surname without the other parent’s consent, even if they are no longer in their child’s life.

You should firstly ask the other parent for consent to change your child’s surname. If they agree you can both sign a Change of Name Deed or Deed Poll and the surname will then legally be changed.

What if the other parent doesn't agree?

However, if the other parent does not consent to the change, you can apply to the Court for a Specific Issue Order for the Court to decide whether or not you're allowed to change your child’s surname. The Court will look at your reasons for wanting to change the child’s surname and ultimately whether or not they believe this is in your child’s best interest. This is not something that a Court will agree to lightly, as they see a name as a child’s identity. However, there can be situations when it will be deemed best for the child, particularly if the child is older and they themselves wish to change their surname. Once the Court has made an Order, a Change of Name Deed or Deed Poll can then be prepared and signed by the parent to legally change the child’s name.

We can assist you with preparing the Change of Name Deed or completing the Deed Poll if the change has been agreed or you do not need consent. We can also assist you in making an application to the Court if necessary.

Contact our Family Law Solicitors in Rochdale on 01706 644187.