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Change children's names by deed poll, solicitor, or another way?

17 replies

Forkz · 19/07/2023 10:42

I am adding my surname to my children's current name. Both parents agree to this.

I have just found out that the wait for an official deed poll through the Royal Courts is a minimum of 6 months. Ideally I wanted to do this in the summer holidays. I understand a solicitor could create an unenrolled deed poll - but they all seem to charge £200+ and I have 3 kids... who will then also need new passports.

An adult doesn't need to use any legal process to change their name (e.g. apply for new passport), a witnessed self-declaration would be enough. But the gov.uk website says this isn't the case for children. They must use the Royal Court or a solicitor.

Have I understood this correctly? And am I really about to spend the best part of a grand on this!

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Bromptotoo · 19/07/2023 11:01

HMG's version of the rules are here:

https://www.gov.uk/change-name-deed-poll/change-a-childs-name

So yes, for minors it's either an enrolled one or do it through a Solicitor or agency.

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nasanas · 19/07/2023 11:19

There are loads of deed poll agencies. You can do it easily using them.

Forkz · 19/07/2023 11:33

I guess my question is… the deed poll agencies are not solicitors, so why can’t I do a witnessed self-declaration for free? What to do the agencies add?

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Collaborate · 19/07/2023 12:22

You don't need a solicitor provided you know how to draft the deed.

This is what Lexis PSL has to say about it (no mention of a solicitor having to be involved).

Where there is agreement as to a change of name for a child this may still be done through an unenrolled deed poll. Alternatively it is possible to apply for an enrolled deed poll from the Royal Courts of Justice. Applications for formal change of surname should be made to the Central Office, Filing Department and must be supported by the production of the consent in writing of every person having parental responsibility. In the absence of such consent the application will be adjourned until court leave is given.
Where a name is changed via an enrolled deed poll, it should be noted that the child’s new name will usually appear on public record in The Gazette.
When deciding whether or not to enrol a child’s change of name deed consideration should be given to the fact that some organisations will only accept an enrolled deed poll as proof of a name change.

Forkz · 19/07/2023 13:18

Thank you @Collaborate . This is the conclusion I came to as well. However, it is in contrast to the UK GOv advice, which says:

To change the name of a child under 18 you can either:

  • make an unenrolled deed poll by using a specialist deed poll agency or a solicitor
  • apply for an enrolled deed poll from the Royal Courts of Justice

maybe it is the wording I.e can and not must? The uk gov wording for the adult deed poll is clear that an adult can draft a unenrolled deed themselves without a solicitor.

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Collaborate · 19/07/2023 13:56

I suspect they are just signposting where people can get help from. It's not mandatory.

Hillbilly · 19/07/2023 14:00

@Forkz I'm in the process of changing my daughters forename by deed poll through the Royal Courts and laughed when I saw 6 week lead time. I was expecting around 10 weeks and called (waited on hold for 2hrs 45 mins) at that point to check on progress, only to be told it is more like 20 weeks 😫

Hillbilly · 19/07/2023 14:01

Sorry I just saw you said 6 months not weeks!

Forkz · 19/07/2023 14:02

@Hillbilly indeed I have been told 6+ months. which is why I am trying to do this another way. Good luck with your change!

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CornishGem1975 · 19/07/2023 14:03

You don't need a solicitor for an unenrolled deed poll, it's simple. Instructions are on gov website. I did it when I got divorced and used it for new passport and driving license.

Fearison · 16/01/2024 18:53

I’m interested to learn how you came on with the deed poll?

I’m currently in a similar position that you were and after my research my findings are the same!

I initially decided that I would to do an enrolled deed poll as it feels somewhat ‘more official’. I know that from a legal perspective it is the same as an unenrolled, but I’m now completely overwhelmed with the process!

I’d appreciate it if you could share your experience and opinion.

hedgehoglurker · 17/01/2024 11:09

I changed my son's surname by unenrolled deed poll. (I was in an abusive relationship and made to give him his father's surname, but changed it to mine when he no longer had PR.)

15 years ago there was less info online, so I used an online company who sent a certificate/ document. TBF it is on quality paper and nicer than what I could have printed myself at home, but an unnecessary expense.

I used this document to change his passport, which is used as his official ID instead of his birth cert.

No issues at all. Just have to declare previous names on official forms, but no different to if you change your name after marriage.

Forkz · 18/01/2024 18:35

I ended up doing it by myself. I didn’t bother paying anyone to print a certificate for me. And the enrolled deed poll seemed like a money making scam. It’s really unnecessary.

I started by printing out the deed polls for the kids. I used that to change their names at school. Then I got a letter from the school stating their new names, which, along with the deed poll, I used to apply for new passports.

I used the passports and deed polls to change their names with the NHS and their banks. Job done!

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Fearison · 18/01/2024 19:02

Great! Thank you for the information, and well done! You’ve totally simplified it 😊

Remylu · 19/01/2024 12:46

Thats brilliant ive been on hold for the last 2 hours to ask the same questions youve pretty much answered. When you say you printed deedpolls what do you mean? was there an unenrolled drafted one you used? I'm worried when applying for a new passport under my childrens new last name it wont be accepted and they will have different names on different documents

Forkz · 19/01/2024 19:53

I got some wording for the deed poll online. I can’t remember where from but there are a few resources out there that provide words to use. I don’t think there’s just one correct way to do it. The passport office will accept it if your intention is clear and you have signed it. Good luck!

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