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A child’s surname can only be changed if:
- Everybody who has parental responsibility for the child consents to the change of name.
- A court order gives permission for the change in absence of the other parents’ consent.
Even informally, a parent cannot change their child’s surname, or let them be known as a different surname, without the consent of everyone with parental responsibility or a court order.
If a parent doesn’t consent, then the parent wishing to change the name must make an application to the court for an order to change the child’s name. This is usually achieved with a specific issue order application. Alternatively, where a dissenting parent wishes to prevent a change of name, they can apply for a prohibited steps order.
A court order should only be granted to change a child’s name if it is in the best interests of the child. That is, there must be some evidence that changing the name of the child would improve their welfare.
This is a highly contestable area of law. George Green’s family lawyers have success in achieving an order for change of name in contested circumstances.
If you wish to explore your avenues for changing your child’s name, or disputing the other parent’s wishes, our family solicitors are based in Wolverhampton, Cradley Heath and Sutton Coldfield and serve clients across the West Midlands. For all new enquiries, please call 01902 328 355 or complete our online enquiry form and a member of our team will respond.