I am posting on behalf of my daughter who had her baby when she was 18 years old. He is now 2.5 years old and his father lost contact with him just over 12 months ago when he and my daughter split up.
My daughter would like to apply via Deed poll to have her son's name changed to her surname, however the absent father is on the birth certificate and has ' parental responsibility'
Has anyone successfully changed their child's name via the official deed poll service, with the name change being advertised in the London Gazette and lodged with the Royal Courts of Justice, having written the affidavit of why the absents parents consent can not be given.
The name change via the official channels is the only one that is accepted by the passport office, which is why she wants to go down this route.
She has tried to get in contact with the father, however letters go unanswered and there is no contact in any form either with him or his family.
Sorry phone. She can not get consent as he will not respond to any email or letter for contact. She has requested several meetings to discuss her son but he just doesn’t reply. She has written to him at his last known address and to his family to ask if they can encourage him to contact her. There is absolutely no response from him unfortunately.
If your daughter cannot get her ex's consent the only way forward is to apply to the courts for a Specific Issue Order. She will need to show that she has made reasonable efforts to get his consent before going to court. However, the courts are reluctant to allow the father's surname to be removed so there is no guarantee of success.
Lord it is so depressing that a child has to carry the name of someone who has zero interest in him. Difficult conversation to have with a little boy who will question why his name is different to his mums and the rest of the family. If there was contact between them it wouldn’t be an issue at all.
If she just tells everybody that the child has the same name as her that is that
No, that is not that. Official bodies such as schools, doctors, etc. should not accept any name other than the one on the child's birth certificate unless there is evidence that everyone with PR approves of the name change or there has been a court order allowing the change.
It is true that this approach used to work. It is also true that some official bodies are not as rigorous as others. But the courts have made explicit rulings on this and the government has issued clear guidance to schools. And, of course, if the father finds out that the OP is trying the "known as" approach he would have no trouble getting a court order putting a stop to it.
The actual forms which I downloaded state that when you can not get consent, you need to provide an affidavit to explain why, which will be considered by a senior Master for permission. The form is the LOC24 issued by the RCJ. There is a need to a declaration to sign the form before a commissioner for oaths. I queried it with the Queens Bench today via email and they concur. Whilst it doesn’t say it will be granted, it does say considered. Sorry I don’t know how to link to the forms themselves but it is definitely in there.
I’m is just so depressing that a young woman who was effectively coerced into giving her child a name by a controlling bully who has demonstrated complete disinterest in the child can not correct this before the inevitable emotional damage is done to her son.