Changing a child’s surname

This information page will explain the process of changing a child’s name via a deed poll. This includes the requirement to obtain consent and the options available if consent is not forthcoming.

Changing a child’s name via the birth certificate

It is unlikely that a child’s birth certificate will be amended to allow a change of the name on the birth certificate. This is because the birth certificate is considered to be a historical record, correct at the time of birth. However, there are certain circumstances when the birth certificate can be amended and the child’s name can be changed through this amendment.

Amending a child’s first or middle name

A child’s forename(s) can be changed if a child’s parents have given the child a different first or middle name within 12 months of the birth originally being registered. There will need to be proof that the child was baptised under a different name or that the different name was regularly used in relation to the child within that 12 month period. The child’s forename(s) can only be changed once. To change the first or middle name on the birth certificate, contact the local register office for the necessary forms.

The original name will still be shown on the long version of the birth certificate but the new name will be added to a separate section of the birth certificate; only the new name will usually be shown on a short birth certificate.

Amending a child’s surname 

It is usually not possible to change a child’s surname on their birth certificate, unless this is part of a correction (see below). If parents wish to change a child’s surname, this will have to be done through a Deed-Poll (see above).

Correct a Birth Registration

You can correct errors on a birth certificate. This can include errors relating to the name of the child. An error would mean that the incorrect information was entered at the time of the registration. For example, if the registrar spelt the child’s surname incorrectly compared to how the parents wanted the name to be spelt at the time of the registration.

It cannot be used to change information just because a parent changed their mind at a later date, so is unlikely to be a way to completely change the child’s first, middle or surname.

To correct a birth registration, an application form to correct details on a birth registration must be completed. Documents must also be sent in with this application which prove that the original information contained in the birth certificate was an error. Further information on making this application can be found here.

What is the process to change a child’s name by deed-poll? 

What is a deed-poll?

A deed poll is a legal document that proves a change of name. A person with parental responsibility (PR) for a child is able to change any part of that child’s name if they have the consent of everybody else who has PR for the child or a relevant court order. For example, a person with PR can change a child’s forename(s), surname (or both), add names, remove names, and change the spelling of their name. 

Official documents and records can be changed to the new name once the deed poll process has been completed. The birth certificate can still be used for identification purposes, but it should be accompanied by the deed poll certificate, which evidences the change of name and overrides the name on the birth certificate.

Further information on changing a name by deed-poll can be found here. This includes the forms needed if you wish to enrol the deed-poll with the court.

The consent of each person with PR or a relevant court order is required in order to change the name of a child who is under the age of 16. 

What can be done if consent is not provided to change a child’s name? 

An application can be made to the court for a specific issue order in the event that a person with parental responsibility will not consent to the change of name. The applicant would need to demonstrate that, in accordance with the welfare checklist, it would be in the child’s best interests for this order to be granted. A child’s name is considered an integral part of their identity, so this type of application is not taken lightly by the court.

A successful applicant can then proceed to change the child’s name via deed poll, as described in the section above. 

What can be done if a person with PR is absent from the child’s life? 

It might be possible to change a child’s name via deed poll without the consent of a person with PR if their whereabouts are not known and reasonable steps have been taken to establish contact. 

However, there might be restrictions on using the change of name if it has been carried out without the consent of each person with PR and without the permission of the court. The passport office, in particular, can be strict in this area. If a person is absent from a child’s life, the person wishing to change the child’s name may have a stronger case in court, and therefore this is the preferable approach to take.

What can I do if I do not have PR for the child? 

It would be reasonable to expect that interested parties, such as a father without PR, would be contacted prior to a child’s name being changed and that the matter would be taken to court if a dispute were to arise. 

If a child’s name has already been changed, a father without PR can apply to court for a specific issue order to have the change of name reversed. 

Are there any restrictions on names?

The deed poll service will not accept an order for a change of name if:

• It is impossible to pronounce
• It includes numbers or symbols
• It includes punctuation marks – although you can have a hyphen and an apostrophe
• The deed poll service consider it to be vulgar, offensive, blasphemous or unsuitable
• It may result in others believing you have a conferred or inherited honour, title or rank
• It does not include at least one forename and one surname

What is a “known as” name?

It is important to recognise the distinction between a child’s legal name and, if applicable, their ”known as” name. A child’s legal name will initially be the name on their birth certificate, which is used for legal, administrative, and official purposes. A child’s legal name can only be changed via deed poll or through a change of the child’s birth certificate in certain circumstances (see ‘Changing a child’s name via the birth certificate’ below).

Schools and GPs often provide the option to register a ”known as” name in addition to registering the child’s legal name. The legal name will be used on official documentation, i.e. school records, medical records, prescriptions, etc. The "known as" name, on the other hand, could be used on less official documentation, and teachers would address the child by their known as name.

Where there is a Child Arrangements Order or Special Guardianship Order in place, there are some limits on the child using a "known as" name, as the legislation prevents any person from causing the child to be known by a different surname unless they have the written consent of everyone with PR for the child or consent from the court.