Change of forename to include my last name, is it possible?

[PandaSpaniel]

My baby son has his dad's last name and his dad refuses to allow me to double barrel it to include my last name.

However I have been looking into it and it appears I may be able to re register his forenames. Can I use my last name as a forename? So for example instead of being called say - David Jones, he would be called David Smith Jones.

Smith would be a forename but as it is on the birth certificate, I would be able to use that name for school, doctors etc.

Has anyone done this? Do I need his fathers permission to do this?

I believe you can ask to be called whatever you like, but you can't change the birth certificate.
My ex did not have Parental responsibility, and I think that was a key point.

I changed ds's by adding my surname to his existing name and keeping the original surname as a middle name. Simple appointment at a solicitor as far as I recall. I received a document witnessing the fact he was now to be known as xxxxx.

You can re register a childs forename up until they are 12 month old, however I can't change his surname as I need his dads permission.

I am not sure if they will accept a name that is obviously a surname as a forename?

Also I don't know if I need permission off his dad to change a forename?

A child's name (any part of to) can only be changed with the consent of both parents with parental responsibility. If father's on the birth certificate you'll need his consent or a court order.

My dds all have my surname as a middle name so that bit is possible

Lots of people have a surname as a given name. My DGM had a very masculine sounding middle name, which was a family surname.

Lots of people have surnames as middle names.

Yes, people do use surnames as middle names. However, as Collaborate says, if the father has PR (e.g. through being named on the birth certificate) you need the father's consent to change your child's forenames.

Does being on the birth cert give PR, I didnt know that?
I definately changed ds name, and ex was on the birth cert. my solicitor advised me that was what to do.
Confused.
OP I didn't know about the 12 month old part, my ds was 2 when I changed.

Sorry, was a long time ago, the law has since changed.
No longer confused.

Well I have done it. Very straight forward, yes DS's father is on birth cert, and I would have needed permission to change his surname, however I don't need permission to add or indeed change his forenames completely!

My lil one now has my surname as a middle name. :) :)

Panda Spaniel - that is just incorrect. You have no more right to change any part of your child's name without his consent as the father does without your consent. You may have a piece of paper saying one thing, but that doesn't mean to say it has any legal effect.

If you don't believe me, pergaps you'll believe the court:

www.justice.gov.uk/downloads/courts/queens-bench/deed-poll-guide.doc

Um yes I do. You can re register a childs forename up to 12 months after it was originally registered. I went to my local registery office and they sent off the relevant forms.

My childs new name will appear at the bottom of his amended birth certificate.

Um yes I do. You can re register a childs forename up to 12 months after it was originally registered. I went to my local registery office and they sent off the relevant forms.

My childs new name will appear at the bottom of his amended birth certificate.

Although there is nothing to stop you from re-registering the name as the lawyers above have told you it's unlawful to change a child's name without consent from all those with Parental Responsibility or the permission from the courts. The father can take you to court and there is every probability you would be ordered to change the name back.

^Changing a child?s forename
You can change a child?s forename in the following circumstances:
new forenames were given in baptism or by regular use within 12 months of the birth being registered
if your child has been baptised, only the baptismal names can be added to the register - the minister with custody of the baptismal register needs to confirm this with the 'Certificate of name given in Baptism' form linked below
Also note:
you must be the mother, father or guardian of the child to make the change
forename changes can only be made once ? any further forename changes cannot be recorded
you must comply with any court orders in force about the naming of your child^

PandSpaniel - Collaborate and STIDW are correct. As the father has PR you may not legally change your child's forenames without his consent.

Best tell the direct.gov website to update their advice then.

As I said just because there's nothing to stop you from changing a child's name doesn't make it lawful. Don't take my word for it, any family solicitor worth their salt will tell you the same thing.

Of course its lawful. The registrars know their job. You can argue amongst yourself's as I have a brand new birth certificate on the way, which WILL be accepted by the passport office etc

soupdragon Thank you, at least someone has done their homework.

You clearly think you know the law better than the family solicitors posting on here and, indeed, the courts (and DirectGov if you look in the right place, SoupDragon - try looking for Parental Responsibility). You don't. As STIDW says, any family solicitor worth their salt will tell you that you need the consent of everyone with PR to change a child's name.

If the father were now to go to the registrar and change your child's name as you have they would allow him to do so and he would get a brand new birth certificate, making yours invalid. Would you be happy with that?

The law is that neither of you can change the name of your child without the consent of the other.

If the father chooses to take you to court over this there is a very good chance he would get an order forcing you to change your child's name back again. And if he decides to take you to court over something else (contact, residence, etc.) he may be able to use your actions as evidence that you are unreasonable.

[Face-palm]

The guidance you are quoting is presumably about when and how to change a birth certificate. It does not tell you that you can ride roughshod over the rights of the other parent with PR.

Well IT IS legal. I have spoken to a family solicitor as you were all getting me worried and it is absolutely fine.

I cannot change his surname without his fathers consent.

Nor could I have changed his forenames without his fathers consent had my son been over 12 months of age.

However, it is possible to change a child's name under the age of 12 months and the mother or father (or indeed anyone with parental responsibility can do this) WITHOUT consulting the other person with parental responsibility.

Hope this clears things up.

And your authority is?

IIRC (and it's possible I don't), OP is in Scotland. Does that make a difference?