How Do You Change A Child's Name?

• Published date: 24 October 2022
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Law Firm: Weightmans
• Author: Becki Smith

Are you considering changing the name of your child? We provide guidance on the legal steps you will need to adhere to.

A change of name can be a change of forename, surname, adding or removing parts of the name, adding hyphens, or even changing the spelling. A deed poll is a legal document that is witnessed that proves a change of name.

There are two ways to change the name of a child under the age of 16. You can either:

1. Make an 'unenrolled' deed poll; or
2. Apply for an 'enrolled' deed poll.

An 'unenrolled' deed poll for a child must be drafted by either a solicitor or a specialist deed poll agency. An 'unenrolled' deed poll is a legal document confirming the change of name that is not then registered at the Royal Courts of Justice.

An 'enrolled' deed poll will provide a public record of the name change, as details of the name change are published in the London Gazette online. To complete an 'enrolled' deed poll, there is a specific application form which needs to be completed, and there is a cost to submit the form to the Royal Courts of Justice.

Who can change a child's name?

All people with parental responsibility for the child must agree to the change of name. It is recommended that you obtain the written consent of all those with parental responsibility so that this can be used as evidence, should there be a dispute in future. In addition, certain organisations may request this confirmation when changing the child's name on certain documentation.

What if we cannot agree on the change of name?

If you and the other person or people with parental responsibility cannot agree on the change of name and you still wish to pursue the change of name, an application to the court for a Specific Issue Order would be necessary.

What will the court consider if I do need to apply for a Specific Issue Order?

The court's primary consideration with such an application and whether or not to allow the change of name is whether doing so is in the child's best interests.

Each case is fact-dependent and the court will consider all circumstances in the case. Some considerations of the court will be:

• When the issue of a change of name was first raised and the circumstances;
• The reasons for the...