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Legal matters

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Original poster

Adding a forename at 3 years old, is it too late??

22 replies

Commander · 30/12/2013 10:08

I love our ds first and middle names but have always wanted him to have the name Luca. I got overruled as DP wasn't keen and was so happy with his forenames so I didn't dwell too much on it at the time.

However...3 years down the line have become ridiculously and no doubt irrationally obsessed with this name so much so I feel I must now try and look at the possibility of adding it as a third forename.

I know within 12 months of registering the birth you can make alterations but do we need to go down the deed poll route now? Has anyone done this and possibly advise how best to go about it??

Thank you

OP posts:

AwfulMaureen · 30/12/2013 10:17

I think you do need a deed poll but I'm sure you can do it online....I have a 5 year old DD with no middle name at all and when she'd been named, my older DD gave her a pet middle name....and we want to make it official so I'm in the same boat! I think it's fine and am planning on doing it! I will have a quick research now and come back to tell you.

Original poster

Commander · 30/12/2013 10:25

Oh thank you AwfulMaureen I feel a bit daft about it all but it's been like an itch I need to scratch for so long I really need to do it before he gets much older!

OP posts:

AwfulMaureen · 30/12/2013 10:26

there seem to be a lot of companies offering deed polls at varying prices but here seems to be the main or official one....it says you need a deed poll after the baby is 12 months old....

Original poster

Commander · 30/12/2013 10:39

Brilliant I am going on the website now looks pretty straightforward thanks for your help and all the best with your change too

OP posts:

lostdad · 30/12/2013 16:58

If your ex has PR and he doesn't give his consent you cannot change your DS' name. You will need his consent to do this. In fact it is an offence to change a child's name or cause them to be known by anything other than what is on their birth certificate - this overrides anything a deed poll says incidentally.

If you are adamant about changing your DS' name and your ex won't agree you will need to make a court application. You say you are not happy with the name. You will likely be asked by a judge why it is in your DS' best interests...and if it's just you are `not happy' with the existing name will be unlikely to be accepted.

If you are unable to contact the child's father - because you do don't know where he is - you may be able to change names without his consent, but once again bear in mind that a court may ask what you've done to try and find him.

How is it in your DS' best interests to change his name?

Iamrandom · 30/12/2013 17:18

OP doesn't say anything about an ex.

Shallol · 30/12/2013 17:30

You don't have to pay for a deed poll. There are no "official" sites.

CheckedPjs · 30/12/2013 21:45

freedeedpoll.org.uk

^^ That's where I changed mine and my son's no questions asked.

Even if there was an "Ex" as LostDad is jumping to conclusions he'd have to take you to court to overrule it and have it taken offen. More often than not especially as it's not a surname they won't.

MoreThanChristmasCrackers · 30/12/2013 21:50

I wanted to give my dd a middle name a few years ago she is 9 now.
You can add the name anytime you want to, even at school but for passport, bank accounts and obviously anything you need a birth certificate for you can't use it.
If you want it official it has to be deed poll, apparently. It didn't seem worth it so we didn't do it, she can decide when older.
Your child has enough names anyway, so why not add it unofficially, nobody will use it obviously.

Shallol · 30/12/2013 21:57

A change of name is not valid unless all with parental responsibility consent to it, so doing it without the fathers consent would invalidate it if he has PR.

www.gov.uk/government/uploads/system/uploads/attachment_data/file/118592/childr-applications-change-name.pdf

ReticulatingSplines · 30/12/2013 21:59

Depending where you live. The law is different in Scotland.

OvO · 30/12/2013 22:03

I added middle names to my DS1 and DS3's names when they were 3 and 6. I think it's done differently up here (Scotland) but not sure. We went to Register House, Edinburgh and a lovely man talked us through the forms. We then had to get something signed at our local Births, Deaths and Marriages office and sent that back to the main office. Then new birth certificates were sent out. I think it cost about £50 for the 2 of them.

Original poster

Commander · 31/12/2013 10:17

Thanks everyone my DP is now worn down in agreement (he's not my ex Lostdad) would of course be better if we lived in Scotland but understand we can't change the birth certificate in England. As long as everything is done legally that's the main thing and thank you for the deed poll link CheckedPjs

OP posts:

kilmuir · 31/12/2013 10:20

You are being a little obsessive

Original poster

Commander · 31/12/2013 10:47

Lostdad I didn't say I wasn't happy with my son's name and his name will stay the same. We are just adding a middle name that is all, maybe I wasn't clear. I didn't think that was particularly obsessive but thank you all for your comments.

OP posts:

lostdad · 31/12/2013 10:59

CheckedPjs `freedeedpoll.org.uk

That's where I changed mine and my son's no questions asked. '
That'll be because what a deedpoll says has absolutely no legal standing whatsoever. The name that is on the birth certificate is the only document that counts. And you can only change that with a court order.

If you have used a (fee charging) deed poll site in a bid to change your child's name and they are now using something other than what is on their birth certificate you are committing an offence.

Maybe I'm in the wrong line of work. Send me 200 quid and I'll send you a nice-looking certificate saying your DC's names are whatever you want them to be.

CheckedPjs · 31/12/2013 13:57

Why would I send you £200? From what i've seen of your post you are of nobody in the legal profession. You a McKenzie friend? and from some post you have commented on (can't remmeber which one) are very anti-woman and others have commented on this.

If it's not legal what so ever than why has everyone including banks, dr's passport and courts excepted this. For something that doesn't count yet is still available to make a amendment to your passport which is used as ID in allows you to leave the country it seems to count a lot. You seem to jump to a lot of conclusions i.e her partner is her ex.

Commander You're welcome! as I said everywhere has excepted mine and I've had no problems

Shallol · 31/12/2013 14:28

Slightly uncalled for. I'm a woman and lostdad has helped me greatly in the past. He's only informing you of the law. Good for you if you've managed to get round it but that doesn't change what the law actually is.

CheckedPjs · 31/12/2013 15:20

I'm glad he has helped you but unfortunately every piece of information he seems to of provided has been incorrect as far as I'm concerned. As I was saying for him to say it doesn't count isn't true. If it wasn't legal then they certainly wouldn't of changed my driving licence or mine and my LO's passport

MadameDefarge · 31/12/2013 15:24

You can all yourself, and your dcs anything you like as long as it is not with intent to defraud.

many catholics add their confirmation name to their full names without any fuss at all.

I for example have a completely different surname to the one on my birth certificate, and it had legal standing, I just have to add my original details for official things.

prh47bridge · 31/12/2013 18:54

No you cannot call your children anything you like. Any change of name requires the consent of everyone with parental responsibility. This is not a problem in the OP's case as she has the father's consent.

Lostdad is wrong. A deed poll is a legal document that proves a change of name. It does have legal standing. However, a deed poll that changes the name of a child is not valid unless all those with PR have consented to the name change.

The site CheckedPjs has used is designed for someone over 18 who wishes to change their own name. It is not intended for use by a parent changing their child's name. Most deed poll providers are aware of the law relating to changing the name of children and will only issue a deed poll for a child if they are satisfied that all those with PR consent.

Many official bodies have changed their procedures since a court ruling that no official body should allow a child to be known by a new name without the consent of all those with PR. For example, even if you have a deed poll, when obtaining a passport you should be asked to supply written consent from both parents or a court order permitting the change. If neither of these can be provided the you should be asked to make a statutory declaration confirming that everyone with PR is aware of and consents to the change of name. It is a criminal offence to make a false statutory declaration.

MadameDefarge · 31/12/2013 19:06

Well yes, you can't change their legal name, but you can call them whatever you fancy. That was my point.

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