Changing a child's name in Scotland

How do I change my child's name in Scotland?#

A parent makes the change for a child under 16, in one of two ways. A child deed poll works in Scotland as it does elsewhere in the UK, and HM Passport Office accepts one wherever the child was born. If the child's birth or adoption was registered in Scotland, National Records of Scotland (NRS) can also record the change against that entry, so that new birth certificates show the new name and the original one. You can use either, or both.

Who has to agree?#

Scots law speaks of parental responsibilities and rights. Every mother has them. mygov.scot says a father has them if he was married to, or in a civil partnership with, the mother at the child's conception or later; if he jointly registered the birth with her after 4 May 2006; through a registered agreement; or by court order. A step-parent has them only through a court.

The Children (Scotland) Act 1995 lets each holder exercise a parental right without the other's consent, unless a court decree or a deed says otherwise. But section 6, as amended from 21 September 2025, requires anyone reaching a major decision to give the child a chance to express views and, so far as practicable, to have regard to the views of everyone else with parental responsibilities or rights. In practice you will need each parent with parental responsibilities and rights to agree, because the two bodies most families deal with, NRS and HM Passport Office, both ask for it.

Can I change my child's surname without the father's permission in Scotland?#

Not if he has parental responsibilities and rights. NRS will not proceed with form 23 without both parents' signatures unless the application comes with a court order or other supporting documents. HM Passport Office will not accept a child's new name without everyone's consent or a court order, even if the name is already used with the NHS and for Child Benefit, and its guidance applies that rule to every child's change of name across the UK.

If he does not have them, for example because he was not married to the mother and was not registered as the father after 4 May 2006, the parent who has them applies alone. Who has parental responsibility? compares the rules in each part of the UK.

What if a parent will not agree?#

Ask the court. Section 11 of the 1995 Act lets the sheriff court or the Court of Session make any order it thinks fit about parental responsibilities and rights, including a specific issue order, which deals with a specific question, and an interdict, which stops a step being taken. Anyone with parental responsibilities or rights can apply, as can someone without them who claims an interest, such as a father who lacks them, and the child. The child's welfare is the court's paramount consideration, and it makes no order unless that would be better for the child than none.

mygov.scot points parents who cannot agree to family mediation, though it may not suit cases involving domestic abuse. It advises talking to a solicitor about court orders on parental responsibilities and rights, and lists disputes about children among the cases legal aid can help with. How a court decides a child's name looks at how judges in England and Wales have decided such cases.

Does my child get a say?#

Yes. In court, section 11 requires the judge, taking account of the child's age and maturity, to give the child the chance to express a view and to have regard to it, and it presumes that a child of 12 or more is old and mature enough to form one. The Children (Scotland) Act 2020 replaces that with a presumption that any child can form a view, but that part had not come into force by 1 October 2026.

For parents, the age threshold has already gone. Since 21 September 2025, section 6 has required a parent reaching a major decision to give the child the chance to express views, in the way the child prefers where that is reasonable, starting from the presumption that the child can form a view, whatever their age. NRS's notes to form 23 also advise parents to take their child's view into account.

A child can apply to the court themselves, and the Age of Legal Capacity (Scotland) Act 1991 presumes that a child of 12 or over understands enough to instruct a solicitor. From 16 that Act gives a young person capacity to enter into any transaction: they can make their own deed poll and sign NRS's form 24 themselves. Changing your name at 16 or 17 covers that age, and does a child have to agree? how younger children are heard.

How do I change the name on my child's Scottish birth certificate?#

Form 23 records a change of forename or surname for a child under 16: a new surname at any time before 16, and a new forename from 12 months old if none was recorded in the first year on form 21. Section 43 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 counts a new spelling, an added or dropped name, or a hyphen as a change, and allows one change of each kind.

The form is signed by the qualified applicants: the one parent with parental responsibilities, both parents if both have them, or otherwise whoever has them. It goes by post, signed by hand, with an email address; NRS takes no online applications, and the form does not ask for a deed poll. NRS emails to confirm the details and take the fee, then confirms the change. New certificates, ordered from ScotlandsPeople or a registration office, show the new and the original names. Changing your name in Scotland covers the adult form.

What about my child's passport?#

A new name needs a new passport. GOV.UK asks for the old passport, a deed poll or similar document, at least one record showing the new name in use, such as NHS, Child Benefit or school records, and written consent from everyone with parental responsibility. A child aged 12 to 15 signs the form too. It costs £66.50 online or £80 on paper. HM Passport Office's guidance says its staff must accept a new Scottish birth certificate showing both names as evidence of the change; it still asks for a document in the new name, and for consent unless it already has it. Changing the name on your child's passport has the detail.