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Step-parenting

Connect with other Mumsnetters here for step-parenting advice and support.

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Original poster

How do I go about changing DDs surname legally?

12 replies

Chluro · 25/03/2008 13:33

My eldest daughter is not my husband's biological child and still has my maiden name. Until now, for 7 years we have simply called her my married surname and this has worked at school GP, dentist etc but now she wants a bank account and they will only open it in her birth name. Fair enough, so we ought to really change her name properly now. Have just rememebered we had to get her passport in birth name as well, there lies another problem, will look into that separately I guess.

Long and short is - does it cost a fortune, is it something we can do ourself, and how do we do it?

Thanks and sorry for the waffle!

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nametaken · 25/03/2008 16:24

Can you get your husband to adopt your daughter, this way she could legally have his surname?

frangipan · 25/03/2008 21:10

you can change her name by deed poll at solicitors without the biological fathers consent if you were not married, it cost us £25.00 a few years back, we also had a parental resposibility agreement between myself and my husband for our DS (DH is not DS bio father) which also cost £25.00.

If you adopt then theoretically you have to adopt your own DD and it isn't necessary just for name change. Worth geting a parental responsibility agreement for medical/dental treatment etc...just in case.....you know you are legal then. Hope this helps xx

shelleylou · 25/03/2008 21:20

You can fill in the deed poll over the internet you mya have to send a letter off confirming the name your child is currently known as and the name wish your child to be legally known as. As long as the biological father doesnt have PR it is quite easy to do i think its about £40

yorkishbirdy · 25/03/2008 21:20

you can do a change by deed poll online, it costs around £17, I think you have to tell them that there is not another parent with parental responsibility. You get the papers sign it and have it witnessed (a teacher, member of parish council or some-such) and all doen, you then send off for a new passport etc and keep the deed with her birth certificate.

As long as her natural parent does not have parental responsibilty it is easy!

Original poster

Chluro · 27/03/2008 11:57

Thank you all! I will definitely look into the deed poll thing but having loked at passport charges, I think we will wait until this one expires!!

Her biological father has not had any part in her life for around 11 years, his choice, so I don't think it will be a problem. We woudl rather not adopt until the law changes meaning I do not have to adopt her as well. Its a very long drawn out process according to a couple of people i know who have done it too, but does sound important to have parental responsibility sorted out.

Many thanks.

OP posts:

AandMsmum · 30/03/2008 23:11

Hi there,

I changed my dd's name from my maiden name when I married my dh. We changed it by deed poll and had to draft a letter explaining that my dd had no contact with her biological father and had never taken his name, his name was not on her birth certificate so it was pretty straight forward. It cost £53 as far a I can remember.

We changed her name on her passport as well, that was slightly long winded even with the deed poll but finally got it sorted without the need to contact her father.

It makes such a difference us all having the same name, especially now myself and dh have a dd together as well. I couldn't bear the thought of my eldest being different.

We're thinking about going along the lines of parental responsibilty, I think if you all have the same name but you dh has the same rights as you as a parent adoption is an unneccessary path to go down - for me it would mean having to be in contact with dd's father and that's just not something I want to do, my dd is too happy with the way things are.

Hope this helps.

madmuggle · 05/04/2008 20:23

I have bank accounts, passport and all manner of things in my 'family' name. However, it is not the name on my birth certificate and I have never been adopted. Unless the rules have changed do you not just have to prove that you have been using a certain name for a number of years for the name to be recognised?

Sketchi · 10/04/2008 10:56

Having previously worked as a family lawyer.

You can only change a childs surname legally by contacting the father and getting his permission. You willalso need his permission to change her surname by Deed Poll.

If the father finds out that this has been done without his consent then he can apply to the court and have your DD name changed back to her birth name without any questions asked.

I am assuming he has parental responsibility? If he doesn't then you can change her surname without his permission, though he can still challenge it.

If this is not possible, or the father does not allow this then you can only change her surname at GP's, School (to known as), but the school and GP will have to keep her birth name on record. Also you will never be able to change passport or birth certificate, unless DD does this when she is 18 by deed poll.

Hope this helps.

Sketchi · 10/04/2008 10:57

Oh yeah, you DH cannot adopt your DD as you will def need the father's permission whether hew has parental responsibility or not.

If you think father of your DD will agree to this then give it a go, but usually none do, even if they never have contact with their own children or have never seen them.

madmuggle · 11/04/2008 14:36

Sketchi, how come I've never had a formal name-change then? I'm genuinely curious, as I know there's never been any official paperwork done on this as mum and dad could never afford it. I do have a passport in the name I am known by though. IT took a conversation over the phone to sort it out, nothing more.

yerblurt · 13/04/2008 13:26

Sketchi - tsk tsk, as a family lawyer, you should know that it is illegal for the child to be known by any other name - this includes being recorded at the GPs or school under a different name. If dad has PR and does not give his consent then the schools and GPs and any other authority are breaking the law, no wonder so many family lawyers get it wrong if this is an example of your knowledge! tapeworms you are

melanieklein · 17/04/2008 16:00

Haven't read all the messages but my daughter had my maiden name as I wasn't married to her father. When I married my husband she was known by my married name as i didn't want her to feel excluded. When I applied for a passport for her (she had been on mine until the new laws) I was told by the passport office that I could call her whatever I wanted as I wasn't married to her father. I had to write a letter stating this and her passport is issued in my married name. She has a bank account (she is 17 now and 11 when it was opened) and that is in my married name. Is changing by deedpoll really necessary? Would interested to know for the future.

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