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Can you change a childs surname?

(21 Posts)
SuzySox Mon 08-Nov-04 08:56:35

Ok, I understand that people have strong opinions about fathers rights and such like and so I know this might cause a bit of a ruck but that's not why I'm posting it...

My dd has her fathers surname, I would like her to have my surname. We were never married and he does not have Parental Responsibility. Am I able to get dd's surname changed
a. without his permission
and
b. without him knowing until it's done

And final questions can he contest this at any point??

TIA

fio2 Mon 08-Nov-04 08:59:59

there was a thread on this recently, i will look for it

Btw I personally would NOT have given my children their father's surname if we hadnt have been married, nor do i think it is unreasonable not to do so. Not that this has anything to do with your question! i was just giving you my opinion!

tammybear Mon 08-Nov-04 09:01:18

AFAIK, as he doesnt have PR, you can change her name without her consent (got it from here

theres another thread somewhere about this but cant find it at the moment

tammybear Mon 08-Nov-04 09:01:45

oops meant his consent

fio2 Mon 08-Nov-04 09:03:51

this was the thread, dont know if it is any help!

SuzySox Mon 08-Nov-04 12:46:21

Oh how weird - that was only a couple of days ago and I missed it!!! what a coincidence, apologies for duplicating it.

fio2 fwiw, I wanted to give her my name but her wouldn't allow it

bonkerz Mon 08-Nov-04 12:51:57

just thought id add that i changed my sons name without permission from father (never married and no pr) I did it via internet through deed poll. Had to write a letter stating i only parent with PR and that was that! And no he cant contest!

SuzySox Mon 08-Nov-04 12:55:27

bonkerz - that sounds perfect - and it's all legal??

Do you have the site? I'm just looking at Citizens Advice at the moment

msann Mon 08-Nov-04 12:55:48

i slipped up....i thought that ex wud have to know b4hand even though he didnt have parental responsibility.....& now its too late because he has pr. SS if i were u id get it changed...because later on u wont stand a chance if he gets pr. i wish id done it.

SuzySox Mon 08-Nov-04 12:58:59

We have been split 2 years, the only reason he would apply for PR would be to spite me and I doubt under the circumstances that he would get it!!

I just found this on CAB website...

Changing a child’s name

A child’s name can be changed at any time, provided it is not to deceive or defraud another person. There is no legal procedure which must be followed in order to change a child’s name, providing all the people who need to give their consent have done so. The parent simply starts using the new name. A child’s forename or surname can be changed, names can be added or rearranged.


Although there is no legal way to change a child’s name, you may need evidence that a child’s name has been changed (see under heading Evidence of change of name ). However, the details on a child’s birth certificate cannot be changed, except in limited circumstances.


Changing details on a child’s birth certificate can be complicated. If you wish to do so you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB .


If you are a child or young person under 16 your consent does not have to be given for your name to be changed. However, if you object to your name being changed you can apply for a court order to prevent the change, provided the court is satisfied that you have sufficient understanding of what is involved.


As a child or young person under 16 you cannot change your surname without your parent’s consent.


Once a child’s name has been changed it can be used for all purposes, such as starting school and registering with a GP. However, evidence may be required (see under heading Evidence of change of name ).


Who can change a child’s name

Where only one parent or person has parental responsibility for a child, that person can lawfully change the child’s name. Where two or more people have parental responsibility for the child, one of them can lawfully change the child’s name if all the others agree. Such agreements do not need to be in writing.


If there is a residence order in force, a child’s name cannot be changed without the written agreement of anyone else who has parental responsibility or the permission of the court.


For more information on residence orders, see Relationship breakdown and children in Ending a relationship .


This means that where the parents are or have been married, neither can change the child’s name without the consent of the other parent. If the parents have not been married, the mother can change the child’s name without the father’s consent unless he has acquired parental responsibility through agreement or by a court order.


For more information about parental responsibility, see Cohabitation and marriage: legal differences .


For further information, see Ending a relationship .

bonkerz Mon 08-Nov-04 13:00:55

i just typed in deed poll into google search. Think it cost me about £20 but well worth it as paperwork is all legal! CAB is just a sheet and doesnt look good as did that too! well worth the deed poll cost and means all passport etc will be in new name!

marysavannah Thu 30-Dec-04 10:00:17

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marysavannah Thu 30-Dec-04 10:03:05

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tribpot Thu 30-Dec-04 11:13:50

Hope it's okay if I ask a supplementary question on this - dh and I are married but I haven't changed my name (and won't be doing so). We haven't decided yet which surname the bean will have - I think my long-term aim is that we'll have one with my surname and one with dh's. When we register the birth, I assume the registrar isn't going to kick up a fuss if the bean has my surname?

WideWebWitch Thu 30-Dec-04 16:49:40

I think he does have PR marysavannah, IIRC the law applied to births registered after 1 Dec 03. But check, I could be wrong. Tribpot, no the registrar won't care what name your child has.

marysavannah Thu 30-Dec-04 19:10:00

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WideWebWitch Fri 31-Dec-04 06:03:06

mary, you have to report the violence. And then you can get an injunction to stop him contacting you.

WideWebWitch Fri 31-Dec-04 06:03:26

Posted a link to Women's aid on your other thread.

marysavannah Fri 31-Dec-04 07:19:03

Message withdrawn

aloha Fri 31-Dec-04 09:54:07

Proof doesn't matter. Honestly. Call your local police station and ask to speak to the Domestic Violence unit.

marysavannah Tue 04-Jan-05 08:09:36

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