Changing a child’s name might seem like a simple administrative step, but in family law, it’s a decision that can be emotional and hold legal weight. Whether it’s due to a change in family circumstances, a new marriage, or a desire to reflect a child’s evolving identity, it’s important to understand the legal process and the principles that guide it.
Can I change my child’s name?
In England and Wales, you can change your child’s name if you have parental responsibility (PR). But if more than one person has PR, you’ll need the written consent of everyone else who holds it. This includes the other parent, and in some cases, others such as guardians or individuals named in a child arrangements order.
Without consent, the only route is to apply to the Family Court for a Specific Issue Order, asking for permission to change the child’s name.
What will the court consider?
The key principle, as always, is the child’s welfare. The Courts will go through the Welfare Checklist and consider:
1. The ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);
2. Physical, emotional and educational needs;
3. Likely effect on him of any change in his circumstances;
4. Age, sex, background and any characteristics of his which the court considers relevant;
5. Any harm which he has suffered or is at risk of suffering
6. How capable each of his parents, any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
7. The range of powers available to the court under this Act in the proceedings in question.
Courts are generally reluctant to sever the link between a child and a parent without strong justification, other factors the court may consider include:
- The reason for the proposed change
- The nature of the child’s relationship with both parents
- The impact on the child’s identity
It’s also worth noting that courts often distinguish between changing a surname which is more sensitive and a forename which may attract less scrutiny.
What is a Deed Poll?
If all parties with PR agree, a name can be changed by Deed Poll. This is a legal document declaring a new name and can be enrolled at the Royal Courts of Justice, although that step is optional.
Some organisations, like the Passport Office, require evidence of parental consent before they’ll recognise a name change even if a Deed Poll has been completed.
Final Thoughts
Changing a child’s name is never just paperwork it’s deeply tied to identity, relationships, and belonging. If you’re considering it, it’s wise to seek legal advice early on to understand your rights and options.
Family law is full of emotion, but it’s also full of safeguards. The system aims to balance parental wishes with the child’s long-term wellbeing and that balance is key.
Further Information
If you would like more information or wish to discuss this topic further, please feel free to contact Monika Brar at JPC Law for a free initial 30-minute consultation.
Email: mbrar@jpclaw.co.uk
Tel: 020 7644 6305
