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Ex and Court changing surname

2 replies

Das45 · 17/07/2023 01:49

Hi,

If my ex applied to court to change the babys surname to his would this be succesfull? What is the stance of the courts on this?

OP posts:
Carryonkeepinggoing · 17/07/2023 04:58

My understanding is that they would potentially add his surname to the baby’s name, not replace your surname with his. But I am not a lawyer and it might depend where you are (my assumption comes from UK).

CarolynKnappShappy · 17/07/2023 05:29

They would not replace your surname with his. How old is the child? Is he on the BC as a parent?
what is the child known as?

eg Child is Jane Jones aged 3. Father not on BC. Father has contact but mother is primary cared. - no
https://www.familylives.org.uk/advice/divorce-and-separation/your-children/how-to-change-your-child-s-surname?referer=/advice/divorce-and-separation#:~:text=The%20law%20on%20family%20names&text=An%20application%20to%20change%20a,cannot%20change%20the%20child's%20name.

you do not have a right to have your surname on the child - especially I believe legally if you aren’t married

if the child has the same surname as you - you are fine.

Some people treat surnames as part of control and ownership.

In the U.K. this is bred into us eg married women taking their husbands name, unmarried women giving the child the dad’s surname, even though she has carried and given birth to the baby. One of my friends did this to help him ‘bond’ another due to the pressure of his family and one because they wanted the same surname ‘when she got married’ - he never married her. In my opinion, and this is just my view - women should ensure the baby has their surname.

How to change your child's surname | Family Lives

Read our advice on how to change your child's name after you divorce or separate.

https://www.familylives.org.uk/advice/divorce-and-separation/your-children/how-to-change-your-child-s-surname?referer=/advice/divorce-and-separation#:~:text=The%20law%20on%20family%20names&text=An%20application%20to%20change%20a,cannot%20change%20the%20child's%20name.

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