Deed Poll vs Court Order: Changing a Child’s Name

When an adult changes their name, it is usually a straightforward decision made by one person. However, changing a child's name is a legal matter that often involves multiple people. One of the most common sources of confusion we see is parents asking: "Do I need a deed poll or a court order?"

The answer depends entirely on one factor: agreement.

In the UK, the legal path you take—and the price you pay—is determined by whether everyone with Parental Responsibility consents to the change. Here, we break down the costs and processes of the two main routes.

Route 1: Everyone Agrees (The Deed Poll)

If the child's mother, father, and anyone else with parental responsibility (such as a legal guardian) all agree to the name change, you can use the standard Deed Poll process. This is the "Happy Path." It is fast, private, and inexpensive.

The Process

You will apply for a Child Deed Poll. Unlike an adult deed poll, which requires only a witness, a child deed poll must be accompanied by a Letter of Consent signed by everyone with parental responsibility.

Once signed and witnessed, this document allows you to:

• Update the child's passport.
• Change their name at school and with the GP.
• Open bank accounts in the new name.

The Cost

Because this is a private administrative process, the costs are minimal. At UK Name Change, our packages generally range from £19.49 to £29.99. There are no court fees, and you do not need to hire a solicitor.

Route 2: There is Disagreement (The Court Order)

If one parent wants to change the child's name (e.g., to double-barrel a surname after a separation) and the other parent refuses, you cannot use a Deed Poll. A deed poll signed by only one parent will be rejected by HM Passport Office.

In this scenario, you must apply to the Family Court for permission. This is known as a Specific Issue Order.

The Process

You must file a C100 form to apply for the order. The court will then decide if the name change is in the child's best interests. They will consider:

• The connection to the original family name.
• The child's own wishes (if they are old enough).
• The reasons for the change.

The Cost

This route is significantly more expensive.

• Court Application Fee: Currently £232 (subject to government increases).
• Legal Fees: If you hire a solicitor to help you argue your case, costs can easily rise to over £1,000.
• Mediation (MIAM): Before going to court, you are usually required to attend a mediation meeting, which also incurs a fee.

Do I Need to "Enroll" a Child's Deed Poll?

A common myth is that children's name changes must be enrolled at the Royal Courts of Justice. This is generally false.

As long as you have the written consent of all parents, HM Passport Office and schools will accept an unenrolled deed poll (the type we provide). Enrolling a child's deed poll is optional, costs over £50 in court fees, and requires a complex application process. Most parents choose the unenrolled route to save money and keep their child's details off the public record.

Summary Comparison

Conclusion

If you are in the fortunate position where everyone agrees on the new name, there is no need to involve the courts. You can change your child's name quickly and affordably using our service.

However, if agreement cannot be reached, we strongly advise seeking legal advice or mediation before paying the court fees for a Specific Issue Order, as the court will only approve the change if it is clearly in the child's best interest.

If you have consent and are ready to proceed, contact us or start your application today.