Adoption is one of the most significant legal events a family can go through. It is not just about welcoming a child into your home; it is about permanently transferring parental responsibility and creating a new legal identity for that child.
A huge part of that identity is their name. Most adoptive parents want their child to share their surname, symbolising their full integration into the family unit. Others may wish to change a forename for safety reasons or to give the child a "fresh start."
However, many new parents are confused about the paperwork. We often get asked: "Do I need a Deed Poll for my adopted child, or is the adoption paper enough?"
The answer depends entirely on when you decide to make the change.
Scenario 1: Changing the Name During the Adoption Process
If you have decided on the child's new name before the court grants the official Adoption Order, you generally do not need a Deed Poll.
When the Family Court grants the Adoption Order, they send the details to the General Register Office (GRO). The GRO then creates an entry in the Adopted Children Register. This entry replaces the child's original birth certificate legally.
The Adoption Certificate
You will receive an Adoption Certificate (which looks very similar to a birth certificate). If you told the court that the child will be known as "James Smith" instead of his birth name "James Jones," the Adoption Certificate will be issued in the name "James Smith."
The Result:
This Adoption Certificate is all you need. It is a standalone legal document that proves the child's new identity. You can use it to apply for their first passport, register them at school, and update their GP records. You do not need a Deed Poll.
Scenario 2: Changing the Name AFTER the Adoption Order
Sometimes, parents decide to change the name after the legal process is complete. Perhaps you didn't change the forenames initially but now feel a change is necessary, or perhaps you have remarried and want to double-barrel the surname.
The Problem:
Once the Adoption Certificate is issued, it cannot be amended (unless there was a clerical error). You cannot go back to the court and ask them to "tweak" the name on the certificate.
The Solution:
In this case, you do need a Deed Poll. You must apply for a Child Deed Poll exactly as any other parent would. This document will act as the legal bridge between the name on their Adoption Certificate and their new name.
Do We Need the Biological Parents' Consent?
This is a major concern for many adopters who worry about contacting birth parents.
The Answer: No.
When an Adoption Order is granted, it legally severs the link between the child and their birth parents. The biological parents lose "Parental Responsibility" permanently.
This means:
- You do not need to ask the biological parents for permission to change the name.
- You do not need to notify them.
- You are the sole legal parents. Only the adoptive parents (and anyone else with current Parental Responsibility) need to sign the Deed Poll.
The "In-Between" Phase: Before the Order is Granted
Be careful during the placement phase. If the child is living with you but the court has not yet granted the final Adoption Order, the child legally still belongs to the birth family (or the Local Authority acts as the corporate parent).
During this time, you cannot legally change the child's surname or forenames without the permission of the court or the consent of every person with Parental Responsibility (which usually includes the birth mother).
While schools may allow a child to be "known as" your surname informally during this transition period to help them settle in, their legal name remains their birth name until the judge signs that order.
Checklist: Documents for a Passport
If you are applying for your adopted child's first passport in their new name, you will need:
| Situation | Documents Required |
|---|---|
| Name changed via Adoption Order | The Full Adoption Certificate (showing adoptive parents' names). |
| Name changed AFTER Adoption | The Adoption Certificate + The Child Deed Poll. |
Summary
Adoption is a fresh start. If you handle the name change as part of the court proceedings, your Adoption Certificate will be your golden ticket. But if you decide to make changes later down the line, a Child Deed Poll is the simple, private, and legal way to update your child's identity.
If you need to change your adopted child's name post-order, we can help you draft the paperwork quickly and securely.
Ready to complete the final piece of paperwork? Contact our team today to order your Child Deed Poll.
