From the age of 16 your child can change their own surname by executing a Deed of Name Change.  Under the age of 16 the consent of everyone with parental responsibility is required.  While this does not necessarily have to be writing it is good practice to have a record in case there is a dispute at a later date.  If only the mother of the child has parental responsibility then she may change the name of the child although if the father objects he can apply to the court for a prohibited steps order to try to prevent her from doing so. 

If both parents have parental responsibility and the other parent objects to the name change then the only way to proceed is to apply to the court for a specific issue order for permission to change the name.  It is important to bear in mind however that the court considers a surname to be a very important link to the paternal family.  If the other parent is committed to the child and has a good relationship with them it will be an uphill struggle to persuade the court that a name change would be in the child’s interests. 

George Green’s Specialist Family and Divorce Lawyers give advice regularly about names changes for minors.  If you wish to discuss your matter in a free initial telephone consultation call Mark Vandaele on 01902 796930 (mvandaele@georgegreen.co.uk) at our Wolverhampton office or Jane Williams on 01384 340 528 (jwilliams@georgegreen.co.uk at our Cradley Heath office.