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Legal matters

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Original poster

name change

19 replies

cccc59 · 04/08/2012 09:28

My fiance is the result of a holiday fling when his mum was young, he has always known this. He has never had contact with his natural father (nor has any desire to.) His mother married when he was very young. When he was about 10 the family went abroad and so changed his name so his passport could be in the family name.

Recently he asked his mum for his birth certificate which she has given him along with a statutory declaration re the name change. This declaration has phrases like 'we, the parents of...' and 'our son'. It is signed by his mum and step father, witnessed by a solicitor.

So, is it okay his stepfather signed as 'the parent' or are his parents criminals for signing this? Will they go to jail if he reports them? More importantly, will he be a criminal for carrying on using it? They have never so much as parked on a double yellow line as far as he is aware and they've banged on about right and wrong (as all parents do/should I guess.) But surely a 'parent' is only a natural parent on a legal declaration, isn't it?

His passport, driving licence, degree ... everything is in the family name and he wants to keep it that way. He hasn't discussed it with them yet.

OP posts:

mumblechum1 · 04/08/2012 12:35

Of course they won't go to jail!

They were wrong to let the step father sign as natural parent, but it doesn't matter now.

NaturalWinningNaturesTeamGB · 04/08/2012 13:41

It depends if the step father had rights. Was he adopted by the step father?

How long ago was it? if it was a long time ago the birth father would not have had pr and maybe at the time the step father had what would now be pr. You would have to find out what the law was at the time but it's highly unlikely to cause them to go to jail.

mumblechum1 · 04/08/2012 14:11

I'm assuming that because the step father is being described as such, ie not as an adoptive parent, that he had no PR. Remember, though, that the concept of PR only came in in April 1991 when the Children Act 1989 was implemented, so unless your dh is only 21 now, PR is a red herring.

In the circs described by the OP, only the mother had any legal rights over the child. The fact that an extraneous person also signed the Stat Dec, whilst being irregular, does not negate the fact that the mother changed the child's surname when she had every right to do so.

Original poster

cccc59 · 04/08/2012 14:20

Thank you for all your replies.

Does that mean the step father could assume PR ... I've had to google PR. I've never heard of it before.

That would be a huge relief for him.

He's okay to keep the name as is then?

OP posts:

Original poster

cccc59 · 04/08/2012 14:22

Oh and, no. As far as we are both aware, he's never been adopted by his stepfather. I don't think they felt any real need to.

They are just a normal family, trundling along happily through life.

OP posts:

Original poster

cccc59 · 04/08/2012 14:37

How can I edit a post?

OP posts:

tribpot · 04/08/2012 14:51

You can't, I'm afraid - you'll need to report it and then re-post.

Original poster

cccc59 · 04/08/2012 15:04

Okay, thanks. Just regretted putting his age down that's all.

He was born after April 1991 should be all I need write.

Not good at this.

OP posts:

mumblechum1 · 04/08/2012 15:34

We are talking about an adult here, yes? Then of course it is far too late for an adult's father to take out PR.

Am I missing something here?

mumblechum1 · 04/08/2012 15:35

And yes, it's fine for him to keep the name as it is.

iloveACK · 04/08/2012 15:40

I don't understand the issue here at all

tribpot · 04/08/2012 15:41

mumblechum1, the question is, is the OP's boyfriend's namechange legal when it was declared by one parent who did have PR and one who didn't .. without the consent of the other one who did.

hattifattner · 04/08/2012 15:45

regardless, he should be able to change his name by deed poll now, without ever stressing anyone out.

Original poster

cccc59 · 04/08/2012 15:58

Oh dear, I'm causing trouble, sorry.

He was born after April 1991. His natural father has never had any contact (it was a holiday romance.) Does his natural father have pr even though there has been no communication since conception?

His mother and stepfather signed a statutory declaration to change his name where it 'appears' as if the stepfather is claiming to be the parent.

My fiance googled (always dangerous) and it said signing a statutory declaration which you know to be false (That is, they knew he wasn't the 'natural' parent) is the same as perjury and can be punished by jail. This has panicked him into thinking he is using an illegal document (which might get his parents jailed) to use the family name.

His parents are probably totally unaware they might have done something wrong and he doesn't want to panic them too by talking to them. Especially if he is over-reacting.

I mean, even if it is totally illegal, he's an adult now right? Who cares? He's a Brit citizen whatever, it's not like he's not entitled to be here.

If he tried to change it by deed poll, wouldn't that highlight the 'crime' as he already has everything in the family name ... I didn't even know about it until a few days ago.

Hope that makes more sense.

Thanks to everybody who has read and replied.

OP posts:

nickelbarapasaurus · 04/08/2012 16:04

if the father wasn't named on the birth certificate, then no, he cannot assume PR.
if he was then, yes, and in theory, he could ask for the order to be rescinded.
although, it's very unlikely that any court would allow it, as your fiance has used that name for 10ish years now, so it can be assumed that that's his name.

nickelbarapasaurus · 04/08/2012 16:05

besides which, if he is over 18, he can use any name he likes, and as he has been using that name for at least that long, then it's his decision what his name should be.

as an adult, his name is his name to change by right (in this country you don't need any official declaration as an adult to change your name, you just need to be using it as your name (they call it "habitually using your name" )

nickelbarapasaurus · 04/08/2012 16:07

oh, also, if the bio father isn't named on the birth certificate, only the mother's name is needed on that declaration, so you could assume the stepfather was acting as a witness.

Original poster

cccc59 · 04/08/2012 16:10

Thank you all very, VERY much.

No father on the birth certificate. The wording of the stat dec definitely refers to stepdad as parent, but I'm happy to convince fiance he has nothing to worry about.

No need to scare the living daylights out of his parents either.

Thanks again.

OP posts:

mumblechum1 · 04/08/2012 18:27

PR is a complete red herring in this case. btw, PR only became automatic on registering a birth in December 2003.

Glad you are reassured OP.

This thread has made me feel incredibly old, though, I remember when the Children Act came in in 1991 and I was already a wife and mother; it seems like only yesterday so a fiance who was born after then seems extremely young to a dessicated old bat like me!

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