How to Change Your Child’s Surname Legally: A Step-by-Step UK Guide

Changing your own name is a personal choice. Changing your child’s name is a legal responsibility. Whether you want to double-barrel their name to match a new family unit, or update their surname following a separation, the law in the UK is very strict about protecting the child’s identity.

Parents often assume that if the child lives with them, they have the final say. This is not the case. The "Golden Rule" of changing a child's name is consent.

Here is exactly how to navigate the legal process of changing a child's surname in the UK.

The Golden Rule: Parental Responsibility

Before you fill out any forms, you must determine who has "Parental Responsibility" for your child. By law, everyone with Parental Responsibility must agree to the name change in writing.

Who has Parental Responsibility?

• The Mother: Automatically has Parental Responsibility from birth.
• The Father: Usually has it if:
  • He was married to the mother at the time of birth (or married her later).
  • He is listed on the birth certificate (for births registered in England & Wales after 1st December 2003).
• Adoptive Parents / Legal Guardians: Automatically have Parental Responsibility.

Crucial Warning: If the father has Parental Responsibility, you cannot change the child's name without his written consent. It does not matter if he pays maintenance, sees the child, or is "absent." Unless a court has stripped him of his rights (which is rare), his signature is legally required.

Scenario A: Everyone Agrees (The Easy Route)

If both parents consent (or if you are the only person with Parental Responsibility), the process is simple and fast.

Step 1: Apply for a Child Deed Poll

You can order a Child Deed Poll online. We will draft the legal document for you.

Step 2: Sign and Witness

Unlike an adult Deed Poll, the child does not sign this (unless they are 16+). Instead, the parent(s) sign on the child's behalf.

• If both parents have PR: Both parents should sign the Deed Poll.
• If only one parent has PR: You sign it alone, but we recommend attaching a letter consenting to the change.

You will need an independent witness (someone not related to you) to watch you sign and then sign it themselves.

Step 3: Update Records

Send your original Child Deed Poll to the school, GP, and Passport Office. They will update their files immediately.

Scenario B: The Other Parent Refuses (The Hard Route)

If an ex-partner with Parental Responsibility refuses to sign, you have reached a legal stalemate.

You cannot:

• Forge their signature (this is fraud).
• Change the name "informally" at school (schools are legally required to check for consent).

Your Only Option: A Court Order
You must apply to the Family Court for a Specific Issue Order. A judge will decide if the name change is in the child's best interests. They will consider:

• The importance of maintaining a link to the father/mother.
• The child's own wishes (depending on age).
• The stability of the child's identity.

Courts often compromise by ordering a double-barrelled name (e.g., Smith-Jones) so the child retains a link to both parents.

The Age Rule: Under 16 vs Over 16

The rules change significantly once a child turns 16.

Children Under 16

The parents are in charge. The child cannot change their own name legally without parental consent, and parents must sign the Deed Poll on their behalf.

Children Aged 16 and 17

In the eyes of name change law, a 16-year-old is an adult.

• They can apply for their own Adult Deed Poll.
• They do not need parental consent to change their name.
• They sign the document themselves.

While we always encourage family discussion, a 16-year-old has the legal autonomy to adopt a new name even if their parents disagree.

Summary Checklist

Changing a child's name is a significant step. If you have the consent of the other parent, we can make the process quick and seamless. If you are disputing the name, we recommend seeking legal advice before proceeding.

Ready to update your child's name? Contact our team today to order a legally binding Child Deed Poll.