Why marrying the child's parent is not enough#
Naming a child, and agreeing to any change of that name, is one of the responsibilities GOV.UK attaches to parental responsibility. A child's deed poll therefore needs the agreement of everyone who holds it, or a court order.
A step-parent does not gain parental responsibility by marrying. GOV.UK says step-parents do not automatically get it, "even if they're married to a child's parent", and the same is true of a civil partner. So the wedding does not change who decides, and a step-parent's wish to share their name with the child, however close the family, is not part of the legal test.
Whose agreement is needed#
Everyone who holds parental responsibility on the day the deed poll is signed. In most stepfamilies that means:
- the parent the child lives with, who makes the deed poll on the child's behalf;
- the child's other birth parent, if they hold parental responsibility. A parent keeps it after a separation, whether or not the child lives with them, and who has parental responsibility sets out when a father does;
- anyone else a court order has given it to;
- the step-parent, but only once they have acquired it themselves.
If the other birth parent has never held parental responsibility, their agreement is not legally required. If a child arrangements order says who the child lives with, section 13 of the Children Act 1989 applies as well, and a new surname needs the written consent of every holder of parental responsibility or the court's permission.
How a step-parent gets parental responsibility#
Section 4A of the Children Act 1989 gives a step-parent two routes, and both are open only to a step-parent who is married to, or the civil partner of, a parent with parental responsibility.
- A step-parent parental responsibility agreement, on form C(PRA2). The parent signs it with the step-parent, and so does the other birth parent if they hold parental responsibility: GOV.UK says both living parents with parental responsibility must agree. Each signature is witnessed at a family court by a justice of the peace or an authorised court officer, not a solicitor, and the agreement takes effect only once the Central Family Court has recorded it.
- A court order on the step-parent's own application, which HMCTS's guidance says is made on form C1.
A partner who is not married to, or in a civil partnership with, the parent cannot use section 4A, but under section 12 of the Act anyone named in a child arrangements order as a person the child lives with has parental responsibility while the order lasts. GOV.UK advises everyone involved to take legal advice before making an agreement, because it changes their legal position.
What it changes, and what it does not#
It adds the step-parent and takes nothing away. The Children Act says a person with parental responsibility does not lose it because someone else acquires it, and form C(PRA2) records that the step-parent has it "in addition to those already having parental responsibility". So the step-parent becomes one more person whose agreement a change of name needs, not a stand-in for the other birth parent. Nor is it a way round an objection: the agreement needs that parent's signature, and a court order leaves their parental responsibility in place.
It also lasts. Section 4A says an agreement or order can only be ended by the court, and the form's notes add that it ends when the child turns 18. A divorce does not end it, so the step-parent's agreement would be needed for any later change of the child's name too. HMCTS's guidance adds that a step-parent with parental responsibility can apply for a specific issue order themselves.
If the other birth parent says no#
Then there is no valid deed poll to be made. GOV.UK says you must try to reach agreement before you seek a court order, and HMCTS says you will usually have to attend a mediation information and assessment meeting (MIAM) first; the Family Mediation Council lists accredited mediators. Failing agreement, the application is for a specific issue order, decided on the child's welfare, which section 1 of the Children Act makes the court's paramount consideration: specific issue orders, explained. A family solicitor or Citizens Advice can advise on your family's position, and GOV.UK has a legal aid checker.
A double-barrelled surname as a middle way#
One option is to join the two surnames, so that the child keeps the other parent's name and gains the family's. It is still a change of name, and HM Passport Office's guidance to its staff counts adding a surname among the changes to a child's name that need everyone's consent. What changes is the question the other parent is asked, which is no longer whether their surname disappears: giving a child a double-barrelled surname.
How this differs from adopting a stepchild#
Adoption is a far bigger step, and the only one on this page that takes parental responsibility away from the other birth parent. GOV.UK says you must tell your local council at least three months before applying to court, the child must have lived with you both for at least six months, and a social worker reports to the court on your partner, the child and the other birth parent. The order gives the step-parent parental responsibility alongside their partner, ends it for the other birth parent and anyone else who held it, and cancels other court orders about the child. The child's new name then comes from the order, not a deed poll: adoption and special guardianship.
The passport and the school#
A child whose name changes needs a new passport. GOV.UK asks for the deed poll, at least one record proving the child uses the new name (an NHS, Child Benefit or school record will do), and the written consent of everyone with parental responsibility. Without that consent or a court order, HM Passport Office's guidance tells its staff to issue the passport in the child's original name, even if the new name is already used with the NHS and for Child Benefit. Before a trip abroad, see travelling with a child who has a different surname.
The Department for Education's guidance for schools in England says that when one parent asks for a new surname to be used, the school should wait for written evidence that everyone else with parental responsibility consents, and should obtain it independently rather than through the parent asking. Expect the school to check with the other parent directly.
Questions people ask
Does my new husband or wife have to agree to the change?
Legally, only if they hold parental responsibility. If you enrol the child's deed poll with the High Court, though, GOV.UK lists a letter from your current partner agreeing to the change among the documents you may be asked for.
Does the other parent have to agree in writing?
In practice, yes. GOV.UK says major decisions need the written agreement of everyone with parental responsibility, and HM Passport Office asks for written consent from each of them before it issues a passport in the new name. Keep the signed agreement with the deed poll.
Can my stepchild change their own surname at 16?
Yes. GOV.UK says a 16 or 17 year old can make their own deed poll, and HM Passport Office's guidance says that if they changed the name themselves after turning 16, with no court order in place, nobody else's consent is needed. My child is 16 or 17 explains, and taking a step-parent's surname as an adult covers the change itself.
What if the child's other parent has died?
Then the agreement needed is that of whoever still holds parental responsibility. For the passport, HM Passport Office's guidance asks you to explain the circumstances in writing and to send the child's birth certificate, any court orders (or confirmation that there are none), and the late parent's details and passport number, or their death certificate if the number is not available.
Something else? Ask us, and a person replies by email, normally the same working day.
