If you would like to change your child’s name (forenames, surname, add names, remove names, or change the spelling of a name), you can do so only if everyone with parental responsibility for the child is in agreement, or if you have an Order from the Court permitting the change of name.

Parental Responsibility

A person has parental responsibility for a child if they are:-

1. The child’s mother;
2. The child’s father and was married to the mother at the time the child was born;
3. The child’s father and is named on the birth certificate, regardless of marriage;
4. Any other person who has acquired parental responsibility by way of a Court Order or Parental Responsibility Agreement

This means that the child’s mother cannot unilaterally change the name of the child if the father (who has parental responsibility) does not consent, regardless of whether or not they are currently spending any time with the child and/or contributing any financial support.

A Specific Order Application

If an application to Court is required for permission to change the child’s name, this application is called a Specific Issue Order application. Once the application is made the other parent is notified by the Court and they will be able to participate in the proceedings, voicing their view around the child’s name. The Court will consider what is in the child’s best interests and that includes the following (although this is not an exhaustive list):-

1. The age of the child and how long they have had their given name;
2. The child’s wishes and feelings if they are of an appropriate age;
3. The child’s relationship with their father and the link that can be maintained by having the same surname (in cases where mother seeks to change child’s name from the same surname as the father)
4. Cultural and religious reasons;
5. Whether a change of name will lead to an improvement in the child’s welfare

It is important to bear in mind that although Specific Issue Order applications are stand-alone applications, they may lead to further Court proceedings surrounding the child, including who the child lives with and how often they spend time with each parent. It is therefore important to consider whether the change of name is actually beneficial to the child and is needed, and whether potentially opening a “can of worms” with other Court proceedings is worth it.

How we can help

If you are interested any of the above, or other family law matters, then please contact the Divorce & Family Law team at THP Solicitors on 0118 975 6622 to book an initial appointment at the fixed fee of £100.00 plus VAT.