Changing a child's name

This page contains comprehensive information on the subject of changing a child's legal name. We should note that for the purposes of name changes, a child is someone under the age of 16. If your child is 16 or over, they will need to apply for their own adult deed poll.

Sections in this article

• Legal requirements
• What is parental responsibility?
• Who has parental responsibility?
• Acquisition of parental responsibility
• What is a letter of consent?
• Why is a letter of consent required?
• Example letters of consent
• Changing a child's birth certificate
• Changing your child's name without consent

Legal requirements

In the UK there are few laws and regulations with regards to legally changing your name. However, in the case of name changes for minors (children under the age of 16), everyone with parental responsibility must agree to the name change before it can happen.

There are a few exceptions to this rule whereby one party may lawfully change their child’s name without the consent of one or more people who also have parental responsibility but this involves applying to a family court for leave (permission) to change the child’s name. For more information on changing your child's name without the consent of one or more people who have parental responsibility, please read the Name changes without consent section.

What is parental responsibility?

Parental responsibility is a legal term used to describe the rights and responsibilities which a parent has over their child. It is defined by the Children Act as having "All the rights, duties, powers, responsibility and authority which by law a parent of a child has in relation to the child and his property".

Who has parental responsibility?

Parental responsibility for a child is not automatically acquired simply by being a parent. Though mothers acquire parental responsibility for their child upon birth, there a different rules for fathers which differ depending on where in the UK (England, Scotland, Wales or Northern Ireland) your child was born.

Read the appropriate sub-section below to find out who has parental responsibility for your child.

Births registered in England & Wales

If the mother and father of a child are married at the time of the child's birth, or if they marry after the event, the father will automatically acquire parental responsibility and will therefore need to be consulted on and consent to the child's name change. Furthermore, unmarried fathers also have parental responsibility for the child if they are recorded on the child's birth certificate. However, this only applies to births which were registered on or after the 1st of December 2003.

Births registered in Scotland

If the mother and father of a child are married at the time of the child's conception, or if they marry after the event, the father will automatically acquire parental responsibility for the child. In addition, an unmarried father will acquire parental responsibility if he is recorded on the birth certificate as the child's father. Please note, this only applies to births which were registered on or after the 4th of May 2006.

Births registered in Northern Ireland

If the mother and father of a child are married at the time of the child's birth, the father will automatically acquire parental responsibility for the child. Unmarried fathers will also acquire parental responsibility if they are recorded on the child's birth certificate but only if the birth was registered on or after the 15th of April 2002.

Births registered outside of the UK

If your child's birth was not registered in the United Kingdom, but you have since come to the UK to live, the country in which you reside will be used to determine who has parental responsibility for your child. For example, if you are currently living in Wales, the rules for children born in England and Wales will apply.

Acquisition of parental responsibility

The above section covers a typical situation whereby the mother and father have parental responsibility. There are however a number of ways in which a third-party, such as a step or grand parent, can gain parental responsibility for a child either through a court-registered agreement or by being awarded it by the family court. If there is such an agreement or order in place, the other person(s) with parental responsibility for the child must also give their consent.

What is a letter of consent?

A letter of consent is a simple document consisting of a couple of paragraphs of text which is signed by everyone with parental responsibility for a child confirming that they give their consent to the name change taking place.

Letter of consent templates will be included with your child's deed poll so that you can choose one relevant to your situation.

Why is a letter of consent required?

When informing organisations (school, doctor, etc.) of your child's change of name you will be asked to prove that everyone with parental responsibility for the child has given their consent to the name changing. Having a letter of consent signed by everyone with parental responsibility is the easiest way to provide the proof required.

Example letters of consent

We've compiled a number of letter of consent templates which you can use to draft your own. The template you use will depend on who has parental responsibility for your child so if you are unsure, please refer to the section above titled Who has parental responsibility?

Letter of consent templates

Changing a child's birth certificate

Generally speaking, you are unable to have a birth amended following a change of name because it is considered a historical document which was correct at the time it was issued. Having said that, there are certain circumstances whereby it is possible to have your child's birth certificate amended.

Birth certificate amendments is quite a lengthy subject and outside the scope of this article. If you would like to know more about the subject, please read our dedicated article called Can I change the name on a birth certificate?.

Changing a child's name without full consent

When attempting to change your child's name you may find you are unable to get the written consent of everyone with parental responsibility because one party is absent (whereabouts unknown) or is simply refusing to give permission. It is possible for a parent who has custody of a child to change the child's name without the consent of the other parent by applying to your local family court for leave (permission) to make the name change.

When deciding whether or not to grant you leave to change your child's name, the court will take into consideration a number of factors such as the wishes of the child (usually only if they are age 11 or above) and the level and quality of contact between the child and the absent/refusing parent.

If you are attempting to remove the family name link between your child and their father by changing the child's surname from the father's to your own, you will be met with opposition from the court if the father maintains regular contact with the child and makes financial contributions to their upkeep. Instead of completely removing any reference to the father from your child's name, you might consider adding your own name to the existing surname by double-barreling (e.g. Henderson-Jones) it. The court will look favorably upon this move as you are maintaining a link to the child's father while also adding your own surname.

If you wish to apply for leave to change your child's name without the consent of someone with parental responsibility, you should seek independent legal advice from a family solicitor. We are unable to offer you legal advice on specific cases.

To find a family solicitor in your local area, you can visit the Law Society's online directory of Solicitors (opens in a new tab/window).