Changing your child's surname after remarriage is a big decision and is not always straightforward. Depending on your situation, you might need to get permission from both parents or even involve the courts. In this article, we’ll walk you through the full legal process, what to expect, and the key things you must consider to ensure everything goes smoothly. In addition to this, we'll also explore:
The key legal considerations when changing children’s surname
Responsibilities of the parents to their children
The potential disputes and challenges
When to involve the court
Legal Requirements for Changing a Child’s Surname
Changing a child’s surname comes with specific legal requirements that must be followed to ensure the change is valid. Typically, parents or anyone with parental responsibility must give consent, and court approval may be necessary in some cases. For more information, may also want to read up on the valid reasons for changing a child's name.
Parental Responsibility
As defined in the UK Children Act of 1989, parental responsibility refers to a parent's legal rights, duties, powers, responsibilities, and authority over their child. This means that people who hold parental responsibility power can make all important decisions about a child. For instance, they can change a child’s surname or forname completely. They are also legally allowed to alter the spelling of the name, add hyphens or other forms of diacritics, and many more.
Typically, the biological parents of a child are saddled with this responsibility. The law mandates that regardless of their marital status, their legal obligation lies in tending to the welfare, education, and overall well-being of their child. Additionally, they must also seek each other’s consent before they make major decisions on everything that concerns the child, including changing of name or surname, healthcare, and more.
Editor's insight: It's important to note that parental responsibility is automatically acquired by the mother at the child's birth. On the other hand, the father will only have parental responsibility if he is married to the mother at the time of the child's birth. Another point to note is that divorce or separation does not in any way remove parental responsibility from either parent. They will still retain the legal rights and duties toward the child.
Obtaining Consent from All Parties
The father and mother are responsible for their child, meaning that even if they are no longer together, one party cannot make major decisions about the child's welfare without the other party's consent. In changing a child's surname upon remarrying, this principle of consent-seeking remains in place. If you have remarried, you and your ex-partner must agree to the name change.
However, getting consent to change a child's name from a partner you recently divorced is not always easy, largely due to potential lingering bitter feelings and unresolved emotions from the breakup. These unresolved emotions may cause them to reject the request out of spite or reluctance to cooperate. So, if you cannot get consent from the other party, the alternative solution is family mediation. If mediation fails, the last resort would be to apply to the family court for a Specific Issue Order.
Remember that when the case reaches the family court and is presided over, the child’s welfare will be the court’s paramount concern. Therefore, be prepared for any outcome, as the court's decision will be based on what they think is best for the child.
The Court Process for Changing a Child’s Surname
If you are unable to obtain consent from the other parent with parental responsibility, your next option is to pursue a name change through family law in the UK. However, before applying for a Specific Issue Order under Section 8 of the Children Act 1989, you must first attend a Mediation Information and Assessment Meeting (MIAM).
You don’t have to attend if:
You have suffered domestic abuse from your ex-partner
You are simply applying for a consent order
If mediation fails, the next step is to apply for a Specific Issue Order in the Family Court. Applying to family court can be done online or through post. It costs £255 to file for form C100, and you can ask a family solicitor to help you file if you are unfamiliar with the process. Also, if you are a low-income earner, you may be eligible for assistance in paying the costs.
What the Court Considers
To ensure that the surname change is in the child’s best interests, the court will consider the following factors before making a decision:
The child’s age: The court will consider the child's age before making a final decision. Younger children may be less affected by a surname change, while older children may be more attached to their current surname.
The child’s feelings: If the child is old enough to express their feelings, the court will also consider their opinions.
The reason for the name change: The court will also consider why the parent wishes to change the child's surname and whether it will help the child's emotional and psychological well-being.
The child’s identification with their current surname: Before making a decision, the court will also consider whether the surname change will affect the child or disrupt their sense of identity.
Changing a Child’s Surname via Deed Poll
Changing a child’s surname via deed poll is a common method in the UK for legally updating a name. This process allows you to officially change your child’s name on records, including passports and school documents.
Deed Poll Process Explained
If both parents of the child consent, the next step is to complete the process through a Deed Poll for the child’s surname change. A deed poll is a legal document filed in the UK by parents with parental responsibility to formalise the change of their child’s surname. Typically, there are two types of deed pools:
Enrolled deed poll: If you “enrol” a deed poll, the new surname will become part of the public record and be published in The Gazette (the official public record of the UK government). You must apply to the Royal Courts of Justice to obtain this deed. It costs £49.32 to apply for this deed.
Unenrolled deed poll: Also known as the private deed poll, this type of deed allows parents to change their child's surname without enrolling it at the Royal Courts of Justice. This means that the change will not be on public record. You can obtain this deed through a solicitor or a deed poll agency.
Once the Deed Poll is completed, the child's new surname can be updated on official records such as passports, school documents, and medical records.
Enrolling the Deed Poll
As we said earlier, enrolling the deed pool with the Royal Courts is not mandatory because most government bodies don’t require the name change to be enrolled to recognise it (the same can’t be said about private organisations). If, however, you decide to enrol in the deed, certain perks come with it. Some of them include:
It helps to prove the legality of the surname change to all relevant bodies, such as schools, financial institutions, and many more.
It also adds an extra layer of legal recognition to the name change, which may be helpful in the long run.
That said, before you decide on which one to opt for, it is important to check with the organization you are dealing with to find out which deed pools they will accept.
Special Cases: Step-Parents and Adoption
Adoption is a process whereby an entity decides to take on the legal responsibilities of raising another person’s child. As stated in the UK’s Children Act of 1989, stepparents can apply for adoption of a stepchild if:
They have been married to or in a civil partnership with, the child’s biological parent.
They have lived with or taken custody of the child for at least 6 months.
You are above the age of 21.
When the adoption is finalised, the child legally becomes the step-parent’s child, and the surname can be changed as part of the adoption process. However, unless one parent, usually the father, has no parental responsibility or the court waives this requirement due to specific circumstances, stepparents would need to get consent from the child's biological parents before they are allowed to change the child's surname.
Common Challenges and Disputes in Surname Changes
Disputes Between Parents
Many parents, especially those who have had a bitter divorce, believe that changing their child's surname will cause them to lose their connection with their child. This belief, although valid, often fuels disputes between parents, thus making the surname change process a bit challenging. Mediation can be a valuable tool for safely and quickly resolving this dispute. Mediation involves a neutral third party who will facilitate discussions between parents and help them communicate their feelings and concerns constructively.
Children’s Opinions
The court will always make a decision that they believe will favour the child. So, don’t be shocked that a grown child’s opinions regarding the surname change will also be considered during the legal process. The court will likely consider the child’s views because they recognise that a child's name is a significant aspect of their identity and can influence their sense of belonging and self-esteem.
Best Practices for Parents
When it comes to important decisions like changing a child’s surname or navigating co-parenting challenges, following best practices can help ensure a smooth process.
Open Communication with the Child
Ideally, you can't expect children to understand complex issues like family dynamics and name changes. Therefore, you must approach the conversation with empathy and clarity as a parent. To achieve a clear communicative goal with your child, here are some key points to consider:
Explain the situation to them using age-appropriate language.
Be honest about the reasons for the name change.
Affirmation also goes a long way in calming children's minds. So, constantly assure the child that they are still loved and supported regardless of their surname.
Pay attention to the child’s emotional responses throughout the conversation. If they seem upset or resistant, revisiting the discussion at another time may be beneficial.
Give them the chance to ask questions and express their feelings. Doing this will help clarify their understanding and show them that their thoughts and feelings are valued.
Try to involve them in the process.
If the child is old enough to understand, try to highlight the potential benefits of the name change to them.
Seek Legal Advice Early
Family law solicitors or experts can help create a smoother and less contentious experience. It is always advisable to involve legal professionals early in the process because their involvement can help save time and money and, most importantly, prevent unnecessary disputes between the parents.
Legal and Regulatory Considerations
The Children Act 1989 is the key legislation governing parental responsibility and name changes for minors in the UK. Some key details highlighted in the act include the following:
Parental responsibility: The Children Act 1989 names a child's biological parents (mother and father) as two entities with parental responsibility. They are equally entitled to make decisions about the child's welfare. The mother, however, automatically has parental responsibility.
Best Interests of the Child: The court will always prioritise the child's welfare in all decisions related to name changes. Their opinions will always play a key role in determining the outcome of the court ruling.
Court orders: The Act also allows parents to apply for a Specific Issue Order, Prohibited Steps Order, or Child Arrangement Order. A Specific Issue Order is typically filled to resolve a dispute about the name change. In contrast, a Prohibited Steps Order can be filled to prevent one parent from changing the child’s name without the other’s consent.
FAQs
Do I need both parents’ consent to change my child’s surname?
Yes, if both parents share parental responsibility, consent from both is required.
Can I change my child’s surname without going to court?
If both parents agree, a child’s name can be changed through a Deed Poll without court involvement.
What happens if my ex-partner refuses to consent to the name change?
If, for whatever reason, your ex doesn't give consent to having the surname of your child changed after you remarry, you may need to apply for a Specific Issue Order from the family court.
Conclusion
Changing a child’s surname after remarriage in the UK can be a complex process. If you need expert advice or guidance on navigating the process of changing a child’s surname, please get in touch with our Family Law Solicitors today. Our team of expert solicitors can explain the options open to you and also recommend the best way forward.
References
Child adoption - Gov.uk