Changing sons name w/o other parents permission

[WhatIsAUsernamee]

Son is 15 years old and is about to complete GCSE exams. He legally has his dad's surname but has always used my family name as a 'known as' for about 6 years. His dad scuttled off when he was 4years old and was making contact once a week, this has changed in the last 5ish years with him (dad) ceasing all contact.
Since he was approx 9 my son has wanted his dads name removed hence my allowing him to use my surname. His school have advised that his certificates will have his legal name on them unless I can get his name changed legally prior to them sending the information to the exams board.

AIBU to get his name changed without seeking his father's consent. Any idea how I go about doing this?

You can't. Your son's father legally has parental responsibility and you need to apply to the courts to change his name without the fathers consent.

If he turns 16 soonish he can do it, if not you need to go to court.

My mum did exactly this for me when I was 14. I believe her solicitor tried to find his address to write to him but couldn't (I get the impression she didnt try too hard 😅). So yes, it can be done but I think you should speak to a solicitor

If you’re in England, Wales or NI you need written permission from everyone with parental responsibility; if you’re in Scotland you must consult with everyone who has parental responsibility but can make the change even if not everyone agrees.

You can apply to the courts for a Specific Issue Order requesting a change of name. You’d need to demonstrate that it was in accordance with his welfare (https://childlawadvice.org.uk/information-pages/changing-a-childs-surname/). Given the timescales you’d need to move quickly .

You can't until he's 16

You are best getting this moved to the Secondary Education board as there are some exam officers on there.

I think that once he changes his name legally at 16 he can apply to have his exam certificates issued in his new name. Exam certificates don't come out until at least September. This comes up every now and again with separated parents.

I’m in Scotland but I never had an issue with this, I had no contact details for my son’s dad, not married ( on birth certificate though) he disappeared for 14 yrs I was easily contactable he just never bothered. I never claimed child support ( I had good reasons and my son was definitely better off without contact). It was accepted that I couldn’t get his permission so the change was made.

Hi, I want to give my experience as someone who went through it as a child myself. I went by my stepdads name as a ‘known as’ name my entire childhood. I had to wait until I was 16 to change it officially by deedpoll. Once I changed it by deedpoll, it gave me the go ahead to change all legal documents (except birth certificate) in my new name. My driving licence, passport, EVERYTHING is in my new name. I’m now late 20’s and never had any issues with anything regarding my name change, I assume because my legal documents are all in this name.

I know you specifically want the birth certificate changed, but in my opinion it makes no difference me having a different name on my birth certificate. Providing the deedpoll when applying for legal documents like passport, it means that the passport can be used as proof of identity when applying for things instead. I don’t think in my entire adult life I have had to use my birth certificate which involves my other name.

i don’t know why the school are stating that the legal name has to be on there, I remember sitting my first GCSE and it had my birth name, my mum caused uproar with the school and said that isn’t my name and I have a legal right to be known as my ‘known as name’. Since then, it was rectified and all of my gcse papers, exam results and records were under my known as name. This was over 10 years ago so I don’t know if it’s been changed, but I’m sure if you kick up enough fuss it can be done.

But in terms of the overall life experience of using a known as name legally, I hope when he turns 16 you can get a deed poll and apply for a passport, driving licence etc in the new name. I wish you and him luck

He's got to be 16. I'm in a similar situation and my son wants to change his name. You can seek a court order or just wait it out, which is what I'd do if your son is 15. It's rotten for them isn't it?

It cannot be done until he’s either 16 or 18 OP look on the Government website, that has the forms to be signed. For a child it has to be both parents.

It can be done. I am literal proof (England)

You can’t do it without the permission of his father. You can go to court if he won’t give permission. You can ask the court to trace his father if you don’t have current contact details.

When is his 16th birthday? Is it before the exams? He can change his name by deed poll when he is 16. He can apply when he is 15 but the certificate will be dated on his 16th birthday and it won’t be his name legally until he turns 16.

You are cutting it fine if you want this sorted before GCSEs. Have you asked the school when the deadline is to be able to change his name on the exam entry?

Although thinking about it this was early 2000s so maybe not relevant!!!