Why a deed poll cannot do it#
A child's name is decided by the people who hold parental responsibility, and GOV.UK lists agreeing to any change of name among what parental responsibility covers. A child's deed poll is valid only with the agreement of everyone who holds it. A deed made by one parent alone, where another person also holds parental responsibility, is not valid, and no provider can draft one that is; we will not.
Where a child arrangements order is in force, the Children Act 1989 goes further: section 13 says no one may cause the child to be known by a new surname without the written consent of every person with parental responsibility or the leave of the court.
What GOV.UK says to do#
Try to reach agreement first. GOV.UK says you must try before you seek a court order, and a court will expect to see that you did. If agreement is not possible, apply to the family court for a specific issue order: fill in form C100, send it to your nearest court that deals with child cases, and pay the £263 fee, or apply for help with fees if you are on benefits or a low income.
What the court considers#
The child's welfare is the court's paramount consideration, and GOV.UK says the judge will make the decision that is in the child's best interests. In deciding, courts look at matters such as the child's own wishes and feelings in the light of their age and understanding, the reasons for the change, the child's link with the parent whose name is being dropped, how the child is already known, and any harm the change or the refusal might cause. A change that mainly serves a parent's wish rather than the child's welfare is unlikely to be ordered; one that reflects how the child already lives and is known may be.
If the other parent cannot be found#
The application is the same, with evidence of the steps taken to trace and tell them. Their absence does not remove the need for their agreement or the court's leave.
If the other parent does not have parental responsibility#
Then their agreement is not legally required, and a deed poll can be made by those who do hold it. Whether a particular father has parental responsibility depends on whether he was married to the mother, is named on the birth certificate, or has an agreement or order: changing a child's name sets out who has it. Where there is any doubt, take advice before proceeding, because a deed made without a required consent is not valid.
Legal advice#
This page describes the process from GOV.UK and the Children Act. It is not advice about your case. A family solicitor, or a service such as Citizens Advice, can advise on the application itself and on the prospects of an order being made.
