A child’s surname can be a significant part of their identity and ancestral history. The decision on whose surname a child should carry can therefore be a substantial one.
Sometimes, one parent may decide that it is necessary for a child’s surname to be changed. This often occurs when parents separate and the mother may want her and her child to use her maiden name, for example.
It is not a decision that should be taken lightly, so here are five key things that you should consider.
1. Obtaining agreement
A surname can be lawfully changed, provided that all those with Parental Responsibility give consent. Name changes can be implemented by Change of Name Deed or by Deed Poll.
2. If an agreement cannot be reached
If one person with Parental Responsibility disagrees with changing the surname, matters can become more complicated.
Without the consent of others with Parental Responsibility for the child, a child’s surname cannot be changed unless the Court grants permission.
The Court’s decision depends on the reasoning behind the application – note that there is a high threshold that will need to be met. The Court often takes the view that the child should keep its surname as it is, unless the change
will result in an obvious improvement to the child’s welfare.
3. The child’s wishes and feelings
For children old enough to understand the implications of a name change, we advise those with Parental Responsibility to take the child’s wishes and feelings into consideration.
If the issue regarding the child’s surname is presented before a Court, the Court will consider the child’s wishes and feelings. However, it is worth noting that these are not always determinative to a Court.
4. The welfare of the child
Ultimately, the welfare of the child is of paramount importance to the Court.
When determining whether to agree to changing a child’s surname, the Court will consider the effect of the change on the child’s welfare, including considering the length of time the child has been known by their existing surname, the effect that changing (or not changing) their surname would have on them and the reason(s) for the change of surname.
5. Family tradition and heritage
You may wish to consider the importance of maintaining a family name or cultural heritage.
In summary, changing a child’s surname is a complex decision that requires careful consideration of the legal, emotional and practical factors. If there is a dispute between those with Parental Responsibility, we suggest seeking legal advice and considering alternative dispute resolution options.
How we can help
At BWK our experienced family team can advise in relation to changing a child’s surname.
Please contact one of our family law experts via e-mail at info@bwksolicitors.co.uk or telephone on 01494 773377. We are currently offering 30 minutes free legal advice when you book an hour initial consultation. Appointments can be arranged for you at any of our offices, or virtually at your convenience
