Changing child’s surname by deed poll

[CatLady1987]

Hi everyone

My little one has my ex’s surname and not mine, which was a decision we made when they were born. However, as we are no longer together and there’s no chance of us marrying, I’d like my child to have my surname as well as their father’s. My ex has agreed to hyphenating the names and changing this by deed poll. But I’m utterly confused. I’m going for an enrolled deed poll and I get that we have to have our signatures witnessed. Does anyone know if these can be witnessed separately and by different people? I don’t see my ex at all, so this will be a challenge if it has to be the same person.

Secondly, we need a declaration from someone who’s known us for ten or more years (by a bill paying, homeowner). This issue is, I’ve only known my ex for 9 years, so there’s no-one that’s known us both for 10 years.

Please help! I’m so confused.

Thank you

This process is a bit of a nightmare in that it’s really easy to get the paperwork wrong. Do you have to do a deed poll? It would be easier to just do a statutory declaration - unless you think this won’t be accepted by someone you need it to be accepted by.
If you do need a deed poll then - as I read the notes- and I may not be right so you should read them carefully - just you could make the affidavit of best interests and exhibit the letter with the father’s consent. Then the person doing the stat dec only needs to identify you and say they’ve known you for 10 years.
The notes do say that if you don’t have anyone who’s known you for ten years then you need to set out in writing why that is.
Read the notes really carefully and follow them as the court office will reject it if you don’t get it all right. Be very careful about exhibits (and exhibit sheets) and two witnesses to the deed.

Thanks so much. So would it just be my signature required on the Deed itself, as well? I’d read it that I could exhibit a letter from dad providing his consent and he effectively wouldn’t have to sign any of the paperwork?

There are companies that can do this for you for a small fee. I tried to do it myself and it was a nightmare. Used a company and it was so straightforward and is now done.

Thank you. @sunshineandshowers40 is that for the enrolled version?

Yes I read the notes that just you can sign the deed - with two witnesses and then just you do the affidavit. As you say he does a consent letter. I helped someone do this where she had a court order and we exhibited the order but the father didn’t sign any of the paperwork

@CatLady1987 not sure but it is a legal document and have no issues using it to change my name. I needed one witness.