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?

OMG! I have spoken to a family solicitor and the registrars and it is perfectly legal and it is done!!!!

There are loop holes in a whole lot of laws, this is obviously one of them and I have exploited it to my advantage.

Simples

No I am not in Scotland, live in England oldLadyKnowsNothing

Ah, sorry, got you confused with someone else.

Don't know. This website seems to think not www.ukdp.co.uk/parental-responsibility-scotland/

Nor does the CAB www.adviceguide.org.uk/scotland/relationships_s/relationships_birth_certificates_and_changing_your_name_s/changing_your_name_scotland.htm

English CAB disagree with you. www.adviceguide.org.uk/england/relationships_e/relationships_birth_certificates_and_changing_your_name_e/change_of_name.htm

"This means that where the parents are or have been married, neither can change the child?s name without the consent of the other parent. If the parents have not been married, the mother can change the child?s name without the father?s consent unless he has acquired parental responsibility through agreement or by a court order."

I'm beginning to doubt that you're telling the truth about all that these professionnals are apparently telling you.

What form have you used?

In Scotland the law is different and a parent with PRR may act unilaterally to change a a child's name. If the other parent maintains altering the name isn't in the interests of the child they can apply under s11 Children Act (Scotland) 1995 to prevent the name change or change it back.

However, s43(9A) Registration of Births, Deaths and Marriages (Scotland) Act 1965 insists that if both parents have PRR, then both must consent to the change of name, which is an exception to the general rule that parents can exercise PRR independently and without consent of the other.

www.legislation.gov.uk/ukpga/1965/49/section/43

To apply to change a forename of a child under 12 months you complete the General Register of Scotland's Form 21 and a signature from both parents with PRR is required. See guidance;

www.gro-scotland.gov.uk/files2/registration/Form-21.pdf

Crikey! I am not lying. Why would I? If you look on a birth certificate there is a box 17 at the bottom. It says Name given after registration and surname.

In England it is possible to change a FORENAME ONLY with only ONE of the parents consent. This is only up until 12 months after you have registered the birth.

If you look on here
www.ukdp.co.uk/name-change-birth-certificate-england-and-wales/#

it says it is possible to change a forename. I am struggling to find a site which specifically says only one person with PR can do this but a quick call to the registery office would confirm this.

Sorry don't know how to do links

All I did was go to my local registery office, ask if it was possible to change his name so I could add my name as a forename.
They said yes it was possible gave me a form to fill out there and then and I sent it off the same day with a postal order for £10 for a copy of the new certificate.

I now have the new birth certificate which is identical other than box 17 has the new name in.

Changing a Child?s Birth Certificate

Only the parent, guardian or someone with parental responsibility can apply to change the name on a Child?s Birth Certificate.

Your Child?s Forename

A child?s forename can be changed as long as it is within twelve months of them being baptised or if the name has been used for the first twelve months since the birth was registered.

Your child?s forename can only be changed once on the Birth Register.

If the child was baptised within twelve months of the birth being registered, then only the baptised name given can be added.
If the child has been baptised then the Vicar or Minster of the Church will be required to complete a form that will enable the Birth Certificate to be amended into the new name. Form 13 can be obtained from the General Register Office.
For children who have not been baptised it is possible to alter their forename, within twelve months of the birth being registered. This can be done through completing Form 14 from the General Register Office.
If your child has not been baptised and you wish to change their forename after twelve months of the birth being registered, then proof of the new forename in use during the first twelve months will be required.
There is no fee for adding names to the Birth Register but if you require a copy of the Birth Certificate showing the new forenames then there is a charge.

www.deedpoll.com/birth-certificate.htm

In England & Wales there are two statutes relevant to changing a child's name Births and Deaths Registration Act 1953 and the Children Act 1989. Statute law is legislated by Parliament but law is also made by the higher courts. If a higher court decides that a principle of law exists, then all lower courts must treat that principle as law. So even although one parent may change a name under the Birth, Marriages and Deaths Act under family case law it's unlawful. See;

Re PC [1997] 2 FLR 730 - Where only one person has parental responsibility for a child that person has the right and power lawfully to cause a change of name without any other permission or consent. Where two or more people have parental responsibility for a child then one of those people can only lawfully cause a change of name if all other people having parental responsibility consent or agree.

Dawson v Wearmouth [1998] Fam 75 - The registration or change of a child's name is a "profound and not merely a formal issue." Any dispute on such an issue must be referred to the court for determination whether or not there is a residence order in force and whoever has or has not parental responsibility.

Re T [1998] 2 FLR 620 It's "persuasively indicative" that consent of the other parent or the leave of the court was an essential prerequisite certainly where both parents have parental responsibility.

Re W, Re A, Re B [1999] 2 FLR 930 The person wishing to change the registered name ought to obtain the relevant written consent or the leave of the court by making an application for a specific issue order.

Something saying how to change a name on the borth certificate is not not the same thing as saying that one parent can act unilaterally. It is a fundamental principal of the law in England and Wales (and according to STIDW's post Scotland as well) that all parents with PR must act unilaterally when changing a child's name. Look at s43(9)(A)of Registration of Births, Deaths and Marriages (Scotland) Act 1965 (linked from STIDW's post) which defines the qualified applicant as:

In this section ?qualified applicant? means? .
(a)where only one parent has parental responsibilities in relation to the child, that parent; .
(b)where both parents have such responsibilities in relation to the child, both parents; and .
(c)where neither parent has such responsibilities, any other person who has such responsibilities.

It's a bit like someone saying that it's permissable to steal from a shop, and their proof is they did it yesterday. It doesn't make it lawful. It merely makes it someone's administrative mistake.

Panda how would you feel if your ex did the same? He decided one day that he didnt like his childs name & changed it.

This is going to be my last post as I really cannot be arsed explaining the same thing time and time again. As far as I am concerned I acted within the law. I am not a solicitor and went off advice given to me from a family solicitor and the registrar. (No I am not lying)

wildworld2004 I look after my child 23 hours a day. I am the one who is there for him, feeding him, comforting him, getting up with him 3 or 4 times a night. Why the hell shouldn't he have my name? I think I have the right as his mother to have him named after me. I have in effect double barrelled his surname, there are no other changes. The way everyone is harping on, you would think I changed it to Harry the happy hamster or something equally ridiculous!

His dad sees him one hour a day weekdays and a few hours on a weekend. I am the one who has to take him to the doctors and in years to come school etc. My older son also has my name so it saves on embarrassment explaining why they have different names.

This prob wont make a difference to your opinions but he was always going to have a double barrelled surname throughout the pregnancy.
It was only after bubs was born by emergency section, that my now ex, played on my emotions and said he was going to marry me and there was no point in having both names and was sat there in tears saying how he thought he had lost us both.

He then only a few weeks later, hit me whilst I had our baby in my arms. He is an abusive prick. The way I see it, he broke his promise to me so why shouldn't I revert back to my original plan of him having my name.

stidw and collaborate please just pick up the phone to your nearest registery office and ask them if what I have done is unlawful. You both obviously like arguing, so argue with someone who knows their stuff.

I wonder how you phrased the question when you asked the family solicitor. If you ask the wrong question or don't give them all the information you won't get the right answer. Or just maybe the solicitor isn't worth his/her salt.

It's not about arguing. You asked for information and it's no skin off our noses if you choose to ignore us, your ex applies to court and the judge takes a dim view that you are prepared to marginalise your ex and that influences the courts decision on other matters. To quote the judge from a case decided recently "along with the rights, powers and authority of a parent, come duties and responsibilities which must be discharged in a manner which respects similarly held rights, powers, duties and responsibilities of the other parent where parental responsibility is shared." We won't be subject to any court stipulations, orders or sanctions.

Agree with STIDW. You're hardly projecting a positive picture of yourself.

I've spoken to someone at the corrections department, and he accepts that the current forms that require one parent to sign are based on the 1953 Act. They do not take any account of the change of law in 1989 (parental responsibility under the ChildrenAct) and thereafter in 2003 (to give fathers automatic PR when named on the birth ceritificate). He accepted that their procedure may not be lawful.

They have been allowing names to be changed without lawful authority since 1989. I shall be pointing this out to their policy section and would hope that a rather swift change in policy ensues.

Collaborate is a solicitor who specialises in family law. He knows his stuff. He doesn't need to ask the registry office.

I agree with STIDW and Collaborate. If your ex chooses to take this to court you will find that the courts agree with us as to the state of the law. No amount of quoting the registry office, DirectGov or other websites at the court will change their mind. As STIDW points out, there is plenty of case law which makes it clear that any change of name requires the consent of everyone with PR. And if your ex chooses to take you to court over other issues he may be able to use your action in unilaterally changing your child's name as evidence that you are unreasonable and have no respect for his rights.

I'm sorry you don't like the answer you have been given. But the answer is correct. By changing your child's name you are ignoring your ex's rights. It is clear from the tone of your last post that you don't think your ex has any rights. If he takes you to court you and you take that attitude the judge will take a very dim view.

Your comments aimed at wildworld2004 miss the point completely. As wildworld2004 points out, if you were correct there would be nothing to stop your ex going to the registry office and changing your child's name. The fact that he has limited contact and hit you would not enter into it. He has PR and therefore, according to you, he has the right to change your child's name without your consent by simply going to the registry office. Would you be happy with that? Or would you expect the courts to defend your rights as a parent with PR?

A mothers sense of entitlement never ceases to amaze me...

Looks like you may have broken the law and what I suggest you do is reconfirm with the family solicitors from who you previoulsy gained your advice and cite what has been stated by the solicitors...and maybe be more explicit with your question.

Otherwise, in this case I hope the dad finds out and then you can test your hypothesis in court.

Good luck.

You didnt answer my question. I didnt ask you to justify it i asked how you would feel if your ex did the same.

My dd doesnt see her dad at all. He hasnt played a part in her life for years. I do everything for my dd. And although my dd has said that she would like my name i wouldnt change it because its not my right. My dd is 8 and If she still feels the same when shes an adult she can change her name herself. It is her name not mine.

Ok well I think I got off to a bad start on here. Allow me to apologise and hopefully explain a little more clearly.

collaborate I had already gone and changed the name before reading the posts saying it could be unlawful. At the time of changing it, I had no idea it could be unlawful. I just went and filled out a form (form 14) and that was that. I specifically asked if I could do it without the consent of the father and the registrar said yes. I can only go on what I am told, I don't have knowledge of the law.

I was and still am very angry at my ex and yes I admit I wanted to hurt him. I changed my sons name and I will be using his new name along with his dads name (double barrelled) for school etc. Its done now, no point in not using it.

I do see that it made me look unreasonable, again I was very hurt and I came across as being selfish and not caring what my ex thought. I do care but having said all the way through the pregnancy that his surname was going to be doubled barrelled and then changing my mind at the last minute I haven't exactly made a unexpected or frivolous change. I have merely changed it to what it was going to be all along. IYSWIM.

wildworld Yes I would have been upset, had my ex changed it from double barrelled to just his surname. In my defence I haven't altered his first names as we chose them together and that would have just been downright mean.

3xcookedchips think you are just being harsh. Have you read all the posts? I had no idea that I could have been potentially breaking the law when I changed his name, my ex abused me and you think I should be dragged through court? Cheers!

I have told my ex about the name change and whilst he isn't exactly thrilled, he understands why I have done it and isn't rushing off to fight to change it back.

Hope this clears it up and once again sorry for being hot headed.