Need advice on surnames.

[Aloveheart]

My dp was born Mr Jones shall we say(not his real name) but at the age of 2 his mum married a new man and dp decided to take his step dad's name Mr smith. i was under the impression that he was adopted as everything of dp is in mr smith not mr jones, only his birth certificate is in mr jones. Ni is in smith etc etc bank account in mr smith.

I hope that made sense, have found out that he isn't adopted but wanted to use his step dads surname rather than his birth one.

So is that fraud?? I was under the impression that if he say gets a loan in mr smith that is fraud as it's not his legal name? i thought it was either by adpotion or by deed poll that you could change your name. And if applied for loans bank accounts etc that it's fraud??

Not sure really what i'm asking but should he use his birth surname or his step dads bearing in mind everything is in his step dads name apart from his birth certificate.

My sister married last year & her dd has been using her new husbands name [he's not her 'dad'] The solicitor told my sis that niece could live under the new surname & use it for bank accounts etc... without being adopted.

Great ty firefly, i just wasn't sure iyswim.

i grew up with my stepdad's surname.......used it for bank accounts, NI, tax office......until i went for our mortgage when i was advised it would be best to start using my actual surname.

i haven't got a passport, but when i do it will have to be in my legal name, and if all my other paperwork was in my 'assumed' name it would cause no end of problems with the banks etc.

when i get married i will take dp's name so it's not so much of an issue for me, but if your dp really wants to keep his stepdad's name then maybe he should think about getting it changed legally.

its not fraud, its change by usage my dp is in exactly the same situation, its never been a problem for him or his brothers, so long as you declare previously known as on forms. DP has an aka in his passport with his dads name

thanks for the info. He wants to use his step dads name not his birth name. Cause he's brought him up since he was two.

my dp is the same he uses his step dads name, ds has dps step dads name and I will take it when we marry

You can legally use whatever name you want as long as you're not doing it to defraud - the only exception to this is that you can't change a child's surname without permission of the father if the father is named on the birth certificate.

Ok, I'm not a lawyer but that's how I understand the law. If your DP was married to the woman (which I assume he was as you say "wife" rather than "partner") then she can't actually change their names without his permission. Your DP should probably have a word with a lawyer about this - try the CAB if you are a low-income household.

Jules99 - Madamex is correct. Exactly what the law is depends on whether there is a residence order. Was there a court order (either agreed or made in resolving disuptes) that said the children could live with her? If so then she cannot change the name OR take the chldren out of the country for more than a month without your DP's WRITTEN permission.

If there is no court order but he has parental responsiblity (he does if they were married) then he still has to consent to any change of name. She still shouldn't take them out of the country without his permission. Sounds as if legally she's abducted them.

However, if they are now abroad the name question might be tricky and may depend on the law there (depending on the circumstances). Am sure your lawyer can advise you on this. Best of luck

your legal name is whatever name you use and are known by - there is no need for any formality beyond that. It's when you run into banks/passport office etc they will demand proof that you have changed your name - deed poll is effectively only official proof that you have changed it.