Does a child have to agree to their own name change?

Does a child under 16 have to agree?#

No. The agreement the rules require is that of everyone with parental responsibility, or a court order in its place, and a parent makes the deed on the child's behalf. Below 16, GOV.UK and HM Passport Office ask only for the adults' agreement, and the passport office's guidance to its staff states that "a child under 16 cannot complete a change of name until they are 16".

That settles who signs, not whether the child's view matters. It matters in two ways. If the adults disagree and a court decides, the child's wishes and feelings come first on the list the judge must consider. And Cafcass, which advises the family courts, tells separated parents to involve children in choices about the changes in their lives, depending on their age and understanding. Nor is a change made for a child under 16 the last word: from 16 they can make their own deed poll, whatever name it gives them.

What if my child is the one asking?#

Take the request seriously, and be clear about what it can and cannot do. A child's wish does not replace anyone's agreement. If a parent with parental responsibility says no, the answer is the one for any disputed change: a specific issue order, where the court must take the child's wishes and feelings into account.

Using the new name informally does not get round the need for agreement either. HM Passport Office refuses a new name for a child without everyone's consent or a court order, even if the name already appears on NHS and Child Benefit records. If a child arrangements order settles where the child lives, the Children Act 1989 goes further: under section 13, no one may cause the child to be known by a new surname unless every holder consents in writing or the court gives leave. Schools have their own rules about the names they record.

How does a court hear what a child wants?#

Section 1(3)(a) of the Children Act 1989 puts first on the welfare checklist "the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding)". No age is fixed; the weight depends on the child.

• A Cafcass family court adviser. In England the court can call on Cafcass for a report; in Wales it is Cafcass Cymru. For a fuller report the adviser writes to the child, usually talks to them alone, perhaps at school, and may speak to teachers and family. Cafcass says its advisers will not ask children to decide or to choose between their parents, and will share their recommendations with the child before the report goes to court.
• A letter to the judge. Cafcass tells children they can write to the judge or draw a picture, and can ask to meet the judge, who decides whether that happens.
• A children's guardian. In a small number of more complicated cases, the court asks Cafcass to appoint a guardian for the child.
• Child-inclusive mediation. Before any court case, GOV.UK says a mediator can talk to the child about what they want, if it is suitable.

Cafcass is honest with parents about the limit: the court pays particular attention to a child's wishes and feelings, "but may not always do what your child wants". How a court decides a child's name explains the rest of the balance.

What is Gillick competence?#

The term comes from Gillick v West Norfolk and Wisbech Area Health Authority, a House of Lords case about contraceptive advice and treatment for children under 16. As the Supreme Court recounted in 2019, Lord Scarman held that a parent's right "yields to the child's right to make his own decisions when he reaches a sufficient understanding and intelligence to be capable of making up his own mind on the matter requiring decision". A child under 16 with that understanding is described as Gillick competent.

In name cases it raises the weight of the child's view without handing the child the decision. In 1998, in a passage the High Court quoted in 2024, the Court of Appeal said that a Gillick competent 15-year-old's application to change her surname "clearly requires special consideration", with very careful attention to her wishes, feelings, needs and objectives. In 2024 the High Court gave considerable weight to a mature 15-year-old's settled wish and allowed her change, while warning that a court "should not give leave simply because a Gillick competent child applies for leave". Being Gillick competent does not let a child under 16 make their own deed poll.

What changes at 16?#

At 16 the young person's own agreement is built into the rules. GOV.UK lets them make their own deed poll. If a parent changes the name after they turn 16, HM Passport Office treats the young person's own passport application in the new name as their consent, and it will not accept an application made for them by someone else, except in narrow cases. To enrol a change for a 16 or 17 year old, GOV.UK requires their own letter of agreement, showing the old and new names and signed by a witness aged 18 or over from outside the family. Changing your name at 16 or 17 covers the routes and the exceptions.

How can I talk to my child about a change?#

Cafcass's guidance for parents is written about separation, but its advice on listening carries over.

• Get ready first. Cafcass calls it emotional readiness: acknowledging your own feelings about the other parent and putting them aside so that you can hear your child.
• Listen more than you talk. Let them finish, repeat back what you heard in their words, and do not rush to answer.
• Reassure honestly. Be clear about what will stay the same, such as school, friends and time with each parent, as far as you can truthfully promise it.
• Involve them in the choices, depending on their age and understanding: which surname, a double-barrelled name, when to start using it.
• Keep the dispute away from them. Cafcass notes that children can feel caught in the middle, and its own advisers never ask a child to choose between parents. A conversation about a name should not either.

Is it different in Scotland?#

National Records of Scotland's guidance notes on its form for a child under 16 advise parents to take their child's view into account, subject to the child's age and maturity. Changing a child's name in Scotland explains the presumption at 12. Changing your name in Scotland has the rest.