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Original poster

Can child's mother change her surname without father's permission?

41 replies

Moomin · 07/09/2007 15:59

My friend's fiance has a dd from a previous relationship. The dd has his surname. Now dd's mother has met someone else and wants to change the dd's surname - either to that of her new partner or she has said she will compromise by changing it to a double-barrelled name of the two surnames. She says she's doing this so the dd won't feel left out if she (the mum) has more children with the new partner.

Can she change her dd's surname without the permission of the child's father anyway though? I'm leaving my own opinions out of this one and said I'd just try to find out where they stand legally! Anyone know?

OP posts:

mosschops30 · 07/09/2007 16:02

Does the dd have contact with her biological father?

I changed dd's surname but I genuinely had no idea where the bio father was and he didnt have any contact. If she has a bitchy solicitor then she might get away with it in these circumstances.

HTH

Neverenoughhandbags · 07/09/2007 16:04

Moomin, I'm pretty sure she can't change it without his permission as long as he has parental rights.

Original poster

Moomin · 07/09/2007 16:16

He has parental rights and his dd stays every other weekend with him, every Weds night and also weeks in the school holidays.

OP posts:

Original poster

Moomin · 07/09/2007 16:17

But are 'parental rights' something that are written down or agreed or something, or does this mean does he have access?

OP posts:

NappiesGalore · 07/09/2007 16:18

if he has arental rights then i would guess no.

NappiesGalore · 07/09/2007 16:20

when he was born/registered... were they married? if not, did they go to a solicitor and get him legally noted at her father, with parental rights?

if not, and she was born before um.... 2004, then he doesnt have parental rights (the legal term) and she prob could do the namechange without asking.

Freckle · 07/09/2007 16:20

A child's name cannot be changed without the permission of all those with parental responsibility. If she wants to do so, she must apply to the court. The court will seek the permission of all relevant parties and, if the father objects and it is clear he is involved in the child's life, then I suspect the answer will be a resounding no.

NappiesGalore · 07/09/2007 16:20

her... sorry.

Freckle · 07/09/2007 16:21

If he doesn't have parental responsibility, he could apply to the court and would almost certainly get it.

justjules · 07/09/2007 16:26

This reply has been deleted

Message withdrawn at poster's request.

canmummy · 07/09/2007 16:29

I have a friend who's dc1 is from a previous relationship although most people think it is her dh's child. The father pays money through the csa but has never met the child. When she got married she went to see a solicitor who advised she couldn't change the name without the father's permission and he refused. So legally the child has one surname but is known by the family name at school, clubs etc.

Original poster

Moomin · 07/09/2007 16:31

The dd is 5. No they weren't married; they'd only been together 3m and their dd was an 'accident'; they split up very soon after she was born but he's always had access and taken responsibility for her.
I'm not sure if he has parental responsibility in the legal sense. I will ring them now and ask about it. Thanks for your help.

OP posts:

EmmaJW1976 · 07/09/2007 18:53

If she was born before 2004 and the parents were never married then unfortunately the father does not have any parental rights and the mother can do as she feels fit.

I had the same kinda problem as I had a little lad and then got divorced, then remarried and then had another little lad!

I didn't want my eldest to feel left out so when I married my second husband I kept my previous surname and added my new one on the end!

I didn't think it right to change my son's name as he's very close to his dad and they have a fab relationship and luckily my new hubby didn't mind me keeping my previous name either.

BetsyBoop · 07/09/2007 20:47

this covers the law & how he can get PR if he doesn't already have it

miniandme · 07/09/2007 21:18

She can change the childs name by deed poll and doesnt need anyones permission as far as i know,i have a close friend who changed her daughters name to her husbands when they got married,she done it by deed poll and didnt need biological dads permission

Freckle · 08/09/2007 12:01

I'm sorry, but just because someone has done it without the dad's permission doesn't mean that it is legal.

The mother will require the dad's permission unless his whereabouts are unknown and she can prove to the court that she has taken all reasonable steps to ascertain his address without success.

The dad in the OP's case is clearly involved in his child's life and the mother knows where he lives. If she changes the child's name without his permission, he can apply to the court to have it changed back.

Freckle · 08/09/2007 12:02

Moomin, if the dad doesn't yet have PR, he should apply for it straightaway. He will almost certainly get it.

McEdam · 08/09/2007 12:12

Found this bit on the FFJ site chilling:

"Where more than one person has Parental Responsibility for a child, each of them may act alone and without the other in meeting that responsibility. A parent with PR is entitled by law to take any manner of decisions relating to the child which is not expressly prohibited by a court order. For example he would be able to agree surgery for his child even though he knew that the residential mother opposed it, or could legitimately enrol the child in a new school, register with a new doctor or take the child for religious worship contrary to the mother's wishes."

RosemaryWoodhouse · 08/09/2007 16:48

You can always explain to the father that it will be better for his daughter if she looks legit.

Freckle · 08/09/2007 20:30

What the hell does "legit" mean?? She is legit. She has her father's surname, the name by which she has been known since birth.

Why would changing her name to that of a person to whom she is not related make her "legit"?

haychee · 08/09/2007 20:35

Not to sure on the law, but my sister changed her dd1 surname (remained as original on birth cert). And friend changed her dd1 surname too, bith without fathers consent.
Try citizens advice.

RosemaryWoodhouse · 08/09/2007 23:43

I just meant it's bad for children when they have a different surname to the 'father' figure in the household; they get teased by other children for a start so any reasonable person could see that it would be better to change the name.

superalienstitch · 08/09/2007 23:49

dh and i changed the spelling of ds's surname. even though we were both in agreement, it had to be done through a solicitor, (who knows us both) and cost a hundredpounds. simple process for us. but has to be done properly, otherwise its not legal

elliek · 08/09/2007 23:50

i'm sorry but that is bolleaux.

elliek · 08/09/2007 23:52

that was to Rosemary btw

we did the same as you SAS, ds1 had double name, now just has his dad's

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