Jennifer Ball
- Senior Associate
- Family & Divorce
What’s in a name? The practical and legal implications of changing a child’s surname
From parental consent to court applications and international travel, changing a child’s surname involves more than many parents expect. We explore when a name change is possible, what the court will consider, and the real‑world implications for parents and children alike.
Q. Why might a party want to change a child’s surname?
In the context of separation/divorce, it is sometimes motivated by a party wanting to ensure their surname, for example a wife if she intends to revert to her maiden name, is reflected in the child’s name.
Q. Can I just change my child’s surname on separation?
If all parties with parental responsibility are in agreement in respect of the name change then it can be amended by deed poll. If, however, one of the parents does not agree to the name change then you must apply to the Family Court for a Specific Issue Order for permission to do so.
Q. What information will I need to provide to the Court if I am required to make an application to change my child’s surname?
Any application would be made under the Children Act 1989. You would be required to demonstrate why you consider the name change to be in your child’s best interests. Some of the factors that may be relevant include:-
- Wanting the child to share both parents’ surnames;
- Wanting the child to have a link to their cultural heritage;
- What change to the name you are proposing – for example, are you wanting to:-
i) add a surname as a middle name;
ii) hyphenate the surname; or
iii) entirely remove the other parent’s name.
Q. What will the Court consider when deciding whether to grant permission to change a child’s name?
As per section 1(3) of the Children Act 1989, the child’s welfare is the Court’s paramount concern. In determining this, they will consider why the party seeking the name change is doing so and what impact the name change may have not only on the child’s self-identity, but also their relationship with their parents.
Whilst each case will turn on its facts, generally applications to add/hyphenate a name are more straightforward than applications to change the surname from one parent’s name to the other.
Q. What practical issues may I encounter if I had different surname to my child?
One of the most common issues relates to international travel. In circumstances where a child has a different surname to the parent they are travelling with, this could cause concerns at the border regarding potential child abduction or issues in respect of the care arrangements for the child. Absent evidence to confirm the parent/child relationship, it is possible that border control could refuse departure or entry.
In these circumstances, to pre-empt any issues at border control, you would need to carry your child’s birth certificate, any order setting out the time the child is to be with you (and confirming that you are allowed to take them abroad) and/or a letter from the other parent, confirming they consent to you travelling with the child.
It is clearly far from optimum, in cases where parties are divorcing/divorced, for one parent to have to ask the other parent for a letter each and every time they wish to go abroad. It has the potential to create a problematic power dynamic between the parents, which will be all the more difficult in cases where domestic abuse is present.
In light of the above, a surname change would both alleviate these practical issues and ensure that in cases where there is domestic abuse, a parent is not left having to rely on the other parent to provide documentation to allow them to travel.
How Wedlake Bell can help
We understand that issues relating to your child(ren) can be incredibly difficult. If you need advice, the Wedlake Bell Family team can assist. Contact Jen Ball on jball@wedlakebell.com or 0207 400 7773 for a no-obligation chat about your circumstances and how Wedlake Bell can help position you for success. Our children’s law practice specialises in child arrangement order applications, applications relating to schooling and prohibited steps orders, abduction cases and internal and international relocation cases.
This article is for general information purposes only and does not constitute legal advice or a comprehensive statement of the law. Specific legal advice should always be sought in relation to individual circumstances.
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