How easy is it to change a child’s name?

The unfortunate answer is, not easy at all.

A recent Court case has highlighted the importance for all parents to ensure that they fully consider the surname their child will be registered with because it can be almost impossible to change the surname a later date, except in what are usually exceptional circumstances.

Many would presume that it would be possible to change a child’s surname, for example, if one parent is no longer involved with the child. However, you would need the consent of the absent parent to do so and if they refused to do so, or were uncontactable, you would in fact need the permission of the Court to change a child’s surname and would need to make a formal Court application for the issue to be considered. However, in such circumstances, it is very unlikely that a Court would agree for a surname to be changed, often citing that a child’s name is an important part of a child’s identity and that this should not be changed unless it is clearly necessary for a child’s best interest or safety welfare.

The Court can sometimes be sympathetic to a situation where a child only has, for example the father’s surname and following the parties divorce, the Court may agree for the child’s surname to be amended to also include the mother’s surname, but there is no guarantee of this. The Court will consider various factors to determine if such a change is in the best interest of the child.

The recent appeal outcome of a family case where the Court refused to allow a 5-year-old’s surname to be changed from her father’s surname – despite the father carrying out incident of domestic abuse against the child’s mother, including rape – will shock many. Mr Justice Peel found that the father’s name formed a key part of the child’s identity and heritage, and he upheld the decision of a lower Court that the child’s surname should not be changed, despite the circumstances.

Therefore, before agreeing a child’s surname, serious thought should be given to what surname should be used and many clients will now double barrel a child’s surname to reflect both parents’ surnames.

It is also important to highlight that once a child’s forenames/middle names are registered, these cannot be changed on a birth certificate by either the parents or indeed, the Court. If you wish to change a child’s name once registered, you will need to formally change the name via Deed Poll.

Whilst choosing your child’s name can be a fun and exciting process, you should also consider the permanent and long-term implications of any names you choose, particularly where any names may reflect a, religion, culture or family tradition.

If you need advice on child contact or any other family law matters in England and Wales only, please contact Sharan at Gilson Gray for a confidential discussion.

The information and opinions contained in this blog are for information only.  They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice.  Before acting on any information contained in this blog, please seek solicitor’s advice from Gilson Gray.