Changing your child's name is a very simple process, providing those with parental responsibility all consent to the name change.
Parental Responsibility: Parental responsibility is the legal term used for those that have legal responsibility over a child under the age of 18. The consent of that person/s would therefore need to be obtained before a name change could take place.
A mother automatically acquires parental responsibility for her child. A father however, would only obtain parental responsibility if he were married to the mother at the time of the birth, or if he has married her at any time after the birth.
A father with parental responsibility would be required to give his consent before his child's name could be changed. The father's consent would still be required even if he is now divorced or separated from the child's mother or if he has remarried again.
Children under 16: If the child is under the age of 16, as long as all those with parental responsibility give their consent, the child's name change may then take place.
Children aged between 16-17: When changing the name of a child who is aged between 16 and 17, the consent of the child is also required in addition to those with parental responsibility. If a child of 16 or 17 wishes to change their name but cannot obtain the consent of those with parental responsibility, they would have to wait until they are 18 when they would be classed as an adult and could execute their own Deed Poll.
Absent fathers/Refused consent: Many people wish to change their children's names without the consent of the father as they are unable to contact him or his whereabouts is now unknown. Any name change without the father's consent does of course carry some risks, but is still possible. The mother of the child would have to write a consent letter detailing what steps she has taken to contact the absent father. This would need to include evidence of contact with his last known address/family relatives etc. Once the consent letter is effective the name change could then take place. The mother however, must be aware that the father could contest this name change through the courts in the future. The courts however, would only reverse the name change if it were shown to be in the best interest of the child. Therefore a prolonged absence by a father would not be looked on favourably by the courts and the reversal would probably not be deemed suitable for the child.
If a parent reuses to give their consent even though they have little or nothing to do with the child, obtaining a court order would be the only guaranteed way to make sure that you could change the name of your child without the consent needed. You can apply to your local County Court for an Order for the name change to take place. The C1 form would need to be obtained and duly completed.
Failure to obtain the rightful consent for a child's name change will result in Alpha Deed accepting no responsibility whatsoever for any legal action that may be as a direct result of this.
For more information, please refer to the Children's 'frequently asked questions' section found below:
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