name chnge

[H2010]

Hi
I really want to change my baby daughters surname to match mine my 2 boys and her new brother/sister (not sure which yet 20 weeks pregnant). She will be the only one in the family with her surname. I split with her dad when she was 9 weeks old he was a violent abusive alcoholic. she is now 8 months old he has been 2 prison since she was born for a crime towards me and has been found guilty of harrasment criminal damage(3 times) towards myself and property car etc. He does not have any contact with her what so ever and the courts issued a restaining order against him. He will never give me permission to change her name I am very tempted just to change it by deed poll on the internet and not tell him (he is named on her birth certificate) Do you think this is really wrong.

I'm pretty sure it's illegal. Not sure but as he is named on the BC I think you need his permission. You can just start using the new surname for everything, you just won't be able to change her BC or passport.

Thanks ye prob is illegal may not be the best idea Ive had I use my surname at docters etc just wanted to change it on her passport etc. Got an appointment with soliciter next week so Ill ask them.

I believe you do need his permission but maybe the solicitors will have a suggestion.

He sounds like a prize dick, hope you find a solution. :)

If you want to abide completely by the rules, there's some advice here on how to apply to the court to be allowed to change a child's name without the father's consent.

(Going by what you've said about him, it seems like you're in exactly the kind of circumstances where they would allow it!)

Just so you know, you don't need to pay anyone (internet or solicitors) to change a name. A deed poll is literally just a document saying "I Mickey Mouse will from now on be called Daffy Duck. I promise not to use the name Mickey Mouse any more and will always refer to myself as Daffy Duck from now on, and ask everyone else to do the same". Repeat 15 times in legal speak, sign, photocopy and send to various authorities.

Sample deed poll wordings can be found on the HM Courts website.

As you're already using your surname for the doctors etc, if it's the passport that's bothering you, I would say you do need to go through the proper process with the courts.

Or just forge his signature, but I never said that.

You need his consent to change the name, albeit I do know someone who just used the surname of her then boyfriend for her sons for twenty years, to this day they are 28 they still use that surname.

Thanks everyone for your advice

I don't know if this is still the case, but my birth certificate has me registered in my dad's name, but they split when I was about 5 and ever since my mum used her surname for me - I didn't have a passport at that stage, but literally everything else had me as Miss MumsSurname, including her child benefit for me!

When I finally did get a passport - in my early teens - I was able to have it issued in MumsSurname, as it was the name I was always known by - my mum simply had to write a letter confirming this. The same was true for my brother, who was an adult by the point he got a passport and who also had a different name on his birth certificate.

It may be worth checking if this is still the case. Even my wedding certificate uses my mums name!

My sons name was changed by deed poll when he was 8 and I didnt need his fathers permission for that. Deed poll is different to changing the birth certificate.

The BC is still valid but the deed poll is additional to that when applying for passport etc. I needed to send both when applying for his.

I dont know how it applies everywhere else but I know how it works here in Scotland as my MIL did changed my DHs name when they split when DH was tiny back to her maiden name without DHs Dads permission. When DH got older and needed a passport he had to take his birth certificate to a Justice of the Peace and make a statement about how long he had been known as his surname and send this to get his passport.

Since being named as the father on the BC gave automatic PR (1st Dec 2003 onwards), it became illegal to change the name of a child without the permission of the other parent.

"A child?s parents have an unfettered right to name their child and are required by law to register the child?s name within 42 days of the child?s birth. Where only one person has parental responsibility that person can change the child?s name (e.g by deed poll) without requiring the consent or permission of anyone else. Where there is more than one person with parental responsibility and dispute as to change of name then it will be necessary to seek the court?s permission. The court will consider a range of factors but the paramount consideration will be the welfare of the child. The opinions of a older child are likely to be highly relevant. A change of name is considered to be serious step, relating as it does to a child?s identity."

From here