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How do I get sons surname changed?

9 replies

poppyh · 27/04/2007 19:35

My son is 13 and has had little/no contact or financial support from his real father in his entire life. He has his surname and mine. He wants to legally remove his fathers name from birth certificate, etc.
How do I go about this, where do I start?
Thanks.

OP posts:
Tinker · 27/04/2007 19:37

I don't think you can. Think only he can when is 18. I think this is right - happy to be corrected - but I'm sure registrar reminded me of this when I registered my eldest - with my surname.

MrsJamesMartin · 27/04/2007 19:37

I don't think you can actually remove his name from the certificate as he is his father, but you could change his name by deed poll. I don't know if you'd need his dads permission though?

poppyh · 27/04/2007 19:39

I thought this was the case. Thanks

OP posts:
juicychops · 27/04/2007 20:01

you can ask the father to give permission, otherwise you have to wait until your ds is 16 i think to have it changed by deed poll. This is what i was told by my solicitor. i want to change my ds's name

madamez · 27/04/2007 23:49

You can't remove a name from a birth certificate AFAIK. ANd, to be honest, why bother? However useless his father may have been, he is biologically the father, so you can't change the certificate to read either 'father unknown' or someone else's name. Unless, possibly, you had DNA evidence that the father named on the birth certificate is not the father.
If you were to have a relationship with someone else who wanted to adopt DS as his own son (I don't know what your situation is) then the father, as registered on the birth certificate, would have to con sent to the adoption or at least be given time to object to it (if he totally can't be found then the adoption would probably go through) - but a post-adoption certificate can be used as a birth certificate.

OK, apologies if this is missing the point but your DS can simply call himself whatever name he wishes in everyday life as long as there's no intent to decieve: if his biological father is unknown/completely absent then he (the BF) will have no right to object. Your DS can get his school, for instance, to use the name he prefers rather than the one he doesn't.
I'm wittering a bit cos this is a subject that I am interested in, I have a variety of names (given at birth, given by adoptive parents, chosen professionally) and have found that unless you're actively doing something criminal - in which case you'd hardly be making announcements about it - you can use whatever names you want unless there's another biological parent foaming to register an objection.

EllieKthePA · 27/04/2007 23:51

i have just changed my son's name, he had both our names but i've chosen to remove mine as he wants to be known by daddy's name.

I had to get legal docs drawn up and we both had to sign them so not sure you could do it without his permission.

SillyHilly · 27/04/2007 23:53

Yes I think you have to be 18 but I forged my fathers signiture on documents (as I'm quite good at that sort of thing) and they were passed by law, I changed my name at 14.

SueW · 28/04/2007 08:30

Any help?

poppyh · 28/04/2007 09:10

Thanks for help. He goes by my surname anyway, so it doesnt affect him all the time. But since I have been married it has been a pain when going on holiday and having to take proof he is ours as our surnames are now different!
But saying that i dont think it is worth worrying about intil he is older.
Thanks for advice

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