Deed poll to change a child's name

[DrizzleHair]

I've got conflicting advice on this, the two conflicting sides are a family lawyer, and the government's forms!

Two parents in agreement about the name change, simply adding in a middle name (mother's surname). Joint parental responsibility, live together, unmarried but committed, mortgage etc.


I've been on the Government website to download the forms hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=2723 and it states that "An Affidavit of Best Interest is required for all minor’s applications. There is no set format for this document however it is required that the person or persons with parental responsibility complete this and it is sworn before a Solicitor, Commissioner of Oaths or an Officer of the Senior Courts."

There is a template included in the pack (LOC023) along with a Statutory Declaration For A Deed Poll For A Minor (LOC024) that requires us to swear that the information provided is true in front of either a Solicitor, Commissioner of Oaths or an Officer of the Senior Courts

However a senior family lawyer we've been referred to says:

The simple answer to your query is that:-

1) A child’s name can only be changed where there is no Child Arrangements Order in force (previously known as contact/residence orders). If there is currently an order in place then we would need to seek the Court’s permission to effect any name change.

And

2) Provided there is no Child Arrangements Order in force, a child’s name can simply be changed through a change of name deed (sometimes called a Deed Poll) however it can only be done where all persons with Parental Responsibility consent to the change. The child’s mother will have Parental Responsibility automatically, simply by virtue of being the mother. A child’s father will have Parental Responsibility if: a) he is married to the child’s mother, b) he is listed on the child’s birth certificate or c) by an order of the Court. From your comments below, I would assume that (a) is not relevant so you will only have Parental Responsibility if a Court has previously made an order in those terms, or if you appear on the birth certificate.

There is no strict requirement to have a solicitor declaration drawn up. You can simply agree with your partner to change your daughter’s name and then effect a Change of Name Deed / Deed Poll. However, to be on the safe side, I would suggest that you both declare in writing that you agree to the change of name deed.

Some articles/internet research may say that you should file (or enrol) the change of name deed with the Queens Bench Division of the High Court however this is really a formality which isn’t strictly required and which very few people actually do.

[DrizzleHair]

I don't want to be a dick and go back to the lawyer telling him I think he's wrong, but this seems to be the case from the gov forms.

Can anyone understand what's going on and what we actually need to do?

Ta v much

[prh47bridge]

The difference is that the government site is giving you the process for a proper deed poll, which is expensive and unnecessary. Your solicitor is referring to the process for a change of name deed. Many people refer to this incorrectly as a deed poll. It is much cheaper and just as effective.

The government's advice is correct if you want to go to the expense of a proper deed poll. Your solicitor's advice is correct if you simply want to change your daughter's name. Take your solicitor's advice.

[wineandworkout]

I changed my kids' surname from ex's to mine. I did the process your solicitor describes. As far as I could work out, the benefit of the other process is that a record is held somewhere official that the child could use if they lost the document and needed proof of name. I sort of got around this by getting them passports in their new names, so the passport office has them on record with my surname. Anyway, once they are 16(?) they can just do a new deed if they have lost the original.

[DrizzleHair]

Thanks tons both, very useful explanations!

[Sparklediamond74]

Wineandworkou

I am currently in trying to add to my child's surname. Did you just present loco22 without enrolling it with the court.
Did your child's school accept this or how did you do it.
Thanks

[prh47bridge]

You need the consent of everyone with PR to change your child's surname. If you have consent you can change your child's name with a simple change of name deed. If you do not have consent any change of name is invalid and should not be accepted by your child's school or any other official body.

[Sparklediamond74]

I don't know the whereabouts of her father, he wouldn't sign divorce papers 9 years ago or agree to child arrangements.l, and kept changing addresses the judge gave me a divorce without signature, I know I have to do a affidavit for child's best interest, I'm not taking her surname away just adding my maiden name to the end.

[Collaborate]

I’m puzzled though at the suggestion that the parents can’t agree to a CON even if there is a CAO in place. Your solicitor is a little confused there. At the start of CAOs there is a paragraph that says While a child arrangements order is in force in respect of a child nobody may cause the child to be known by a new surname without the consent of everybody with parental responsibility or the court’s permission.

The solicitor is correct that a simple CON deed is all that is needed.

[Lauque]

Hello, are you able to confirm if your solicitor was correct? I’m about to fill in a LOC022 for a minor change of name with both parents agreeing to this. Is this the only form i need to send? many thanks

[Fudgsicles]

I can confirm that the solicitor was correct. I did this when I added to my child's surname after divorce. ExH agreed so I filled in a free 'Deed Poll' online, printed it and it's all I needed. Name changed with school, GP, bank etc all with this document.

[Lauque]

Thank you so much for your reply. So if you don’t mind just to confirm, we are in agreement to add my surname to our child (he is a minor) . GOV website is requiring deep pool for a minor but also affidavit of best interest-statuary declaration and the notice for the London Gazette. In your experience i don’t need any of them just the deed pool form and sent it to the Queen’s bench division? thanks again

[prh47bridge]

You just need to complete a change of name deed. You don't need to send it to the Queen's Bench Division.

[Lauque]

thank you for this reply. Where shall i send the completed form then?

[prh47bridge]

You don't have to send it anywhere. You can pay the fee and send it to the Queen's Bench Division if you wish. That will make the new name a matter of public record. But it isn't necessary. You don't even need to use the official form.

I don't usually give anecdotal evidence but, just this once...

A few years ago, my stepson got upset that he had a different surname to the rest of the family. His father does not have PR and has never shown any interest in him. I therefore drew up a change of name deed which my wife signed. We didn't use the official form and we didn't send it anywhere. Whenever my stepson has needed proof of identity, we've simply sent a copy of the deed along with a copy of his birth certificate.

I can see many websites that say some financial institutions will insist on a deed poll or statutory declaration. They may exist but I've not encountered them personally. I also see many websites who say a formal deed poll is required to get a passport or driving licence in the child's new name. This is simply not true.

[Fudgsicles]

Yep, I never sent my daughter's deed poll anywhere, just printed it, signed and took it with me with her BC and everywhere has just accepted it.

[jiskandar88]

Where did you all find the change name deed? Is there a certain site you all used.. as i keep coming back to the deed poll pages...

[Sally110]

Hiya, hoping someone might still see this. I'm in roughly the same boat as OP - want to add my surname as an extra middle name due to amicable separation, both parents in agreement. I need to apply for passports for the kids in the next few months - would I just need to send off the completed LOC022 form with the passport application?