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Can I change my child’s surname? – The most important factors

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A surname can be of immense personal significance to parents and children alike. It is part of one’s identity, and a link to paternal or maternal heritage. With that in mind, when considering the question, “can I change my child’s surname”, you understandably want concrete answers. The following is a brief guide to the most important factors in your ability to do so.

Can I change my child’s surname? – reasons and requirements

There are many reasons why you might want to change your child’s surname. For example:

Was your child’s name registered without your knowledge?
Have you separated and want to change your child’s surname to reflect your current name?
Do you want to distance yourself from an abusive partner?

If you want to change your child’s surname, you will either need;

Written consent of every person who has parental responsibility; or
A Specific Issues order, which will allow specifically yourself to change your child’s surname.

A dispute may arise if the other parent, or any other person who has parental responsibility of the child, does not consent to the child’s surname being changed. A dispute regarding your child’s surname can be very emotional and contentious. If this is the case, you will need to apply to the Court for them to make the decision on behalf of all those with parental responsibility.

How does a child acquire their surname?

A child acquires their surname when their birth is registered with the Registrar of Births by the child’s parent, or another person with parental responsibility.

Who can register a child’s birth and therefore their surname?

Married parents: Either parent can register the child’s birth.

Unmarried parents: Only the mother can register the child’s birth.

Same-sex male couples: The couple must get a parental Order from the Court before they can register the child’s birth.

Married same-sex female couples: Either parent can register the birth if:

the mother has a child by donor insemination or fertility treatment; and
she was married or in a civil partnership at the time of the treatment.

Unmarried same-sex female couples: The mother’s partner can be seen as the child’s second parent if both women:

are treated together in the UK by a licensed clinic; and
have made a ‘parenthood agreement’.

Another person with Parental Responsibility: This can be an individual who has:

Adopted the child;
Becomes the child’s guardian; or
Obtains a Child Arrangements Order naming them as the person with whom the child is to live with.

What will the court consider?

The court will only change a child’s name if it is in the best interests of the child to do so. There are a number of factors the Court will consider, which are as follows;

The welfare of the child, which is the Court’s paramount consideration;
The child’s current registered surname, the reasons for the registration and the extent to which the child’s original surname is important to maintain links with the parent they do not live with;
The reasons for changing the child’s surname;
Any changes in the child’s circumstances since their birth was registered;
If the parents were married at the time of registration;
The parents’ degree of commitment to the child; and
In some cases, the child’s own wishes.

“Can I change my child’s surname?” – The Law

The law on this issue is covered in a number of cases but particularly in the case of Dawson v. Wearmouth [1999] 1 FLR 1167. The House of Lords decided there is a presumption in favour of the status quo and there must be particular circumstances to warrant a change to a child’s surname.

This topic was later discussed in Re W, Re A, Re B (change of name) [1999] 2 FLR 930, where the courts gave the above guidance when deciding whether or not to change a child’s surname.

Are you considering changing your child’s surname?

These cases are highly charged and emotional matters and must be handled delicately and with care. If you’re considering the question of “can I change my child’s surname”, our Family Law Team at Astle Paterson are on hand to help. We have dealt with a number of such cases and have the required expertise to represent you, advise, guide and support you as regards such an application.

Call us now on 01283 531366 and book a fixed fee initial interview with a member of the team.