Can grandparents, guardians or the council change a child's name?

The rule behind every answer#

GOV.UK's rule for changing a child's name is the agreement of everyone with parental responsibility, or a court order. So two questions decide it for any relative or carer: do they hold parental responsibility, and does a court order add a rule of its own? Three orders under the Children Act 1989 do. While a child arrangements order about where a child lives, a special guardianship order or a care order is in force, the Act 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 (sections 13, 14C and 33).

This page describes the law in England and Wales; Scotland and Northern Ireland have their own.

Grandparents and other relatives without an order#

A grandparent, aunt, uncle or family friend who looks after a child by private arrangement does not gain parental responsibility by doing so. The government's statutory guidance on kinship care says that in an informal arrangement it stays with the parents, and GOV.UK tells carers who want to look after a child long term that they can get it by applying for a child arrangements order or a special guardianship order.

So a relative in that position cannot sign a child's deed poll or give the agreement that makes one valid, and the parents do not need their agreement. The law lets someone who has care of a child without parental responsibility do what is reasonable to safeguard or promote the child's welfare (section 3(5)), but a new name is not left to them: HM Passport Office's guidance says that a person acting in place of a parent who wants a child's name changed must send a court order allowing it.

A guardian#

A guardian is appointed by a parent to act after their death, or by the court when a child has no parent with parental responsibility, and holds parental responsibility (section 5). No special rule about names comes with guardianship, so a guardian agrees to a change as a parent does, alongside anyone else who holds parental responsibility, and GOV.UK lets a guardian apply to enrol a child's deed poll. When an appointment takes effect is explained in changing a child's name after a parent dies.

Child arrangements orders and special guardianship#

A relative named in a child arrangements order as someone the child lives with has parental responsibility while the order provides for that (section 12). The kinship care guidance says such a carer shares it with the parents and can make routine decisions without permission, but not decisions to the exclusion of others. A special guardian can use parental responsibility to the exclusion of the parents in most matters (section 14C), but not this one. Under either order the surname rule above applies, and HM Passport Office's guidance asks for everyone's consent, or a court order, before it changes any part of the child's name, first names included. Adoption and special guardianship explains special guardianship itself.

The council and children in care#

Under a care order the council has parental responsibility, and the parents keep theirs: the Children Act says a person does not lose parental responsibility just because someone else acquires it. The council can decide how far the parents may exercise theirs, but the surname rule above still applies (section 33), so a new surname needs the written consent of everyone with parental responsibility, the council and any parent who holds it, or the court's leave. The court cannot make a specific issue order for a child in care (section 9), so it is that leave which is sought. HM Passport Office will not accept a change of name for a child in care without everyone's consent or the court's leave.

Not every child a council looks after is under a care order. For a child accommodated under section 20, by agreement with the parents, HM Passport Office's guidance for social services says the council does not have parental responsibility, so the decision stays with those who do.

When a child is placed for adoption, or a placement order is in force, the Adoption and Children Act 2002 sets a similar rule: no new surname unless each parent or guardian consents in writing or the court gives leave (section 28), even though the prospective adopters have parental responsibility while the child lives with them. What the adoption order itself does to a name is covered in adoption and special guardianship.

Foster carers#

Foster carers, including relatives approved as kinship foster carers, do not have parental responsibility unless a court order gives it to them; the kinship care guidance says a child under a care order stays looked after until the order ends or the foster carer is granted such an order. HM Passport Office's guidance says foster parents cannot give parental consent for a child's passport. A foster carer therefore cannot make or agree to a change of the child's name.

Sixteen and seventeen#

HM Passport Office normally lets a young person of 16 or 17 change their own name without anyone else's consent, but not where a court order stands in the way. Its guidance asks for the consent of everyone with parental responsibility until 18 if the child has a care order or other court order, and notes that these orders can run to the 18th birthday. Sixteen and seventeen covers the general rule.

Getting parental responsibility, and advice#

A relative the child has lived with for at least a year immediately before applying can apply for a child arrangements order about where the child lives, or for a special guardianship order, without first asking the court's permission (sections 10 and 14A). GOV.UK points family and friends carers to Kinship and Family Rights Group for information and to Coram Children's Legal Centre for legal advice. A family solicitor can advise on a particular case, and GOV.UK explains how to find legal advice and whether legal aid is available.