Deciding to change a child’s name can be a sensitive and sometimes complex process. Whether it’s to reflect a parent’s surname after divorce, to correct a spelling error, or for cultural, personal, or gender identity reasons, there are legal steps that must be followed to ensure the name change is recognised on all official documents. Understanding the process in advance can help parents navigate it smoothly and avoid disputes or delays.
When Can You Change a Child’s Name?
In the UK, a child’s name can be changed at any time, but there are additional considerations. Unlike adults, children cannot legally change their own name — the request must come from a parent or legal guardian. Both parents or guardians usually need to agree to the change. If there is a dispute or one parent does not consent, it may be necessary to apply to the family court for permission to change the child’s name.
Situations where a name change might arise include:
A parent remarries or divorces and wants the child’s surname to reflect their new name.
Parents wish to correct or standardise the spelling of a name on official records.
The child identifies with a different name, perhaps reflecting cultural heritage or gender identity.
The Legal Process
For children, the legal route usually involves:
Obtaining parental consent: Both parents with parental responsibility must agree. If the change is not agreed a court application should be made.
Using a Change of Name Deed: This is a formal legal document declaring the new name. Solicitors can prepare a child’s Change of Name Deed to ensure it is legally binding. A Change of Name Deed can be enrolled at the Supreme Court (referred to as a Deed Poll) if required.
Updating official records: Once the Change of Name Deed is in place, the child’s new name should be updated on their passport, school records, medical records, and any other official documents.
If parental consent cannot be obtained, the parent applying for the change must apply to the family court. The court will consider what is in the best interests of the child, which includes looking at the child’s views (depending on age and maturity), the reasons for the change, and the potential impact on the child’s wellbeing.
Special Considerations
Children over 12: Courts often give more weight to the child’s wishes when deciding whether a name change should be approved.
Cultural or religious reasons: Judges take cultural and religious considerations seriously, particularly if the change reflects the child’s identity or heritage.
Practicalities: Schools, medical providers, and other institutions will require certified copies of the Deed or court order to update records. Keeping multiple copies on hand is advisable.
Practical Tips for Parents
Changing a child’s name can be straightforward if both parents are in agreement, but preparation is key:
Discuss the reasons for the change openly with all parties involved.
Consult a solicitor if there is any doubt about parental consent or if a court application might be required.
Ensure all official records are updated promptly to avoid confusion in school, healthcare, or travel documentation.
Consider the child’s perspective and feelings; involving them in the process where appropriate can make the transition smoother.
Conclusion
Changing the name of a child requires careful legal and practical consideration and where disputes arise, the family court may need to decide based on the child’s best interests. By understanding the process, seeking professional guidance, and involving the child where appropriate, parents can ensure the name change is completed smoothly and respectfully.
