What's the law on names?

[supermumSarah]

I am wondering what the law is when it comes to using a different names than what is on our birth certificate. My friend has called her son a different name to what is on his birth certificate. This is because the father left and as she wasn't married and didn't want her son to have a different name to her and her other child. So he is known in the school by her surname. She says there is no law and that you can call yourself or your children what u like as long as your not doing it to de fraud. His bank and doctors all know him by her surname. She says it's only when booking holidays she has to use his real name as his passport has his birth name on it. Is this correct?

Yes, as I did this when younger.

School knew me as a particular surname. Hospital records too. Legal stuff like passport was in my birth name.

Funnily enough, when my national insurance card arrived just before I was 16 it came in the name I used not my legal name!

I dunno how they got that? But oh well!

If her ex has Parental Responsibility for their son then he could apply to court for an order to insist that he's known by the name on the birth certificate. How likely that is to be upheld depends a lot on the circumstances, particularly on how strong a relationship there is between father and son and how old the son was when his mother changed his name. If her ex doesn't have PR then a court would almost certainly grant it to him on application.

But if her ex doesn't care then there's nothing stopping her.

Great thanks for this. The ex does have PR but has never been to court about it. The boy knows the score and is happy about it. I guess it's ok then.