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In order to change the name of a
child less than 16 years of age
consent must be given by all those
with parental responsibility. Only
somebody who has parental
responsibility for a child can
change their name by Deed Poll.
If the child is over 16 years of age
they must apply for their own
Adult Deed Poll for which
parental consent is not required.
What is parental responsibility?
The exact meaning of the term
‘parental responsibility’ differs
slightly depending on the place of
registration of the child.
For births registered in England and Wales
The legal definition of Parental
Responsibility (PR) is ‘all the
rights, duties, powers,
responsibilities and authority that
go with being a parent’. This means
that those with parental
responsibility have a duty to care
for and protect the child and that
they have a right to make decisions
regarding that child's future.
To change a child's name, those with
parental responsibility must consent
to the name change.
Parental responsibilities may be
exercised until a young person
reaches 18 years of age*.
* Once a child reaches 16 years of
age they have the right to change
their name without having to gain
consent from those with parental
responsibility.
For births registered in Scotland
Under the
Children (Scotland) Act
parental responsibility is defined
as the responsibility:
-
To safeguard and promote the
child's health, development and
welfare
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To provide direction and
guidance
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If the child is not living with
the parent, to maintain personal
relations and direct contact
with the child on a regular
basis
-
To act as the child's legal
representative
Therefore, those with parental
responsibility have a duty to care
for and protect their child and also
have the right to make decisions
regarding that child's future.
To change a child's name, those with
parental responsibility must consent
to the name change.
In Scotland, the part of parental responsibilities in
relation to the giving of “guidance”
endures until 18 years of age. The
other rights are lost when the child
reaches 16 years of age.
For births registered in Northern Ireland
Under the Children (Northern
Ireland) Act parental responsibility
is defined as ‘all the rights,
duties, powers, and responsibility
and authority which by law a parent
of a child has in relation to the
child and his property’
To change a child's name, those with
parental responsibility must consent
to the name change.
In Northern Ireland, parental responsibilities may be
exercised until a young person
reaches 18 years of age*.
* Once a child reaches 16 years of
age they have the right to change
their name without having to gain
consent from those with parental
responsibility.
Who has parental responsibility?
In any part of the United Kingdom, a
mother automatically has parental
responsibility for her child.
However, whether or not the father
has parental responsibility is a
more complex matter, which differs
from place to place. Since all those
holding parental responsibility must
agree to a change of name of a
child, it is essential to know
exactly who is and who is not
holding parental responsibility.
If a father holding parental
responsibility refuses to give his
consent to change his child's name,
the only thing a mother can do is to
apply to the courts for leave
(permission) to change the child's
name. The courts will then decide if
it is in the best interests of the
child for his/her name to be
changed. With older children their
feelings can be an important
influence on the courts decision as
to whether or not to grant
permission for a change of name.
For births registered in England and Wales
When a child is born, the mother
automatically has parental
responsibility. With the father this
is not the case unless he is married
to the child’s mother. For
births registered after 1st
December 2003, if the father’s
details were entered onto the
child's birth certificate, he will
have
parental responsibility. However,
for births registered before this
date, this law does not apply.
If the parents have not been
married, the mother can change the
child’s name without the father’s
consent provided he has not obtained
parental responsibility in one of
the following ways:
-
Marrying the child's mother.
-
Making a parental responsibility agreement with
the mother.
-
Re-registering the child's birth to record the
father's name.
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Obtaining a parental responsibility or residence
order from the court.
A step-parent or civil partner can
obtain parental responsibility in
the following ways:
-
Making a parental responsibility agreement with
the child's natural parents, under
the Adoption and Children Act 2002.
-
Obtaining a parental responsibility or residence
order from the court.
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Being appointed a Guardian by a court.
Adoptive parents get parental
responsibility when they adopt their
child.
For births registered in Scotland
The mother of the child
automatically holds parental
responsibility.
The father only holds parental
responsibility if:
-
The parents of the child were married when the child was born
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The parents married when the child was conceived or at any
time after
-
For births registered since 4th May 2006, unmarried fathers automatically gain
parental responsibility if their
details are entered on the
child's birth certificate.
Step fathers can acquire parental
responsibility in the following
ways:
-
Being granted a Custody or Residence Order by a
court.
-
Being appointed a Guardian by a court.
-
Entering into a Parental Responsibility Agreement
with the child’s natural
parents.
Adoptive parents automatically gain
parental responsibility when they
adopt their child.
For births registered in Northern
Ireland
The mother of the child
automatically holds parental
responsibility for the child when it
is born. The father will only hold
it in the following cases:
-
The parents of the child are married to one another. This is
the case if they were married
at any time in the period
beginning with the conception
and ending with the birth of the
child. Under common law,
it is presumed that a man is the
father of his wife’s children.
-
The father has been registered as the father in the Register
of Births. However, this law
only came into use after 15
April 2002 and is not applicable
for births registered prior to
this.
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Having made a Parental
Responsibility Agreement with
the child’s mother stating that
he has parental responsibility
for the child.
Under other circumstances, a court
order can be applied for on the
basis that a man is the father of a
child. The existence of a court
order would constitute evidence of
paternity and therefore parental
responsibility would be gained.
Step fathers can acquire parental
responsibility in the following
ways:
-
Being granted a Custody or Residence Order by a
court.
-
Being appointed a Guardian by a court.
-
Entering into a Parental Responsibility Agreement
with the child’s natural
parents.
Adoptive parents automatically gain
parental responsibility when they
adopt their child.
Fathers without parental responsibility
If the
father doesn’t have parental
responsibility, it is still a good
idea to try to get his consent
before changing the child’s name as
a surname can be an important link
for a child. In some cases, the
courts have allowed a father without
parental responsibility who is in
frequent contact with his child to
reverse a change of name. The courts
will consider whether it is in the
child's interests to 'disassociate'
(separate) them from their birth
name.
Absent fathers holding parental responsibility
It may be possible for a mother to
change her child's name by Deed Poll
without the father (with parental
responsibility) giving his consent*.
This can only happen if his
whereabouts is unknown. The mother
must have taken reasonable steps to
contact the other parent before
making an application for a name
change.
If you are in this situation we can
issue you a Deed Poll and you can
send it off to the relevant
authorities enclosing a letter
stating the following:
-
Information about your attempts at
contacting the absent parent.
For example, writing to the last
known address, contacting
relatives and friends of the
parent etc.
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Details of the period of absence by
the absent parent
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Examples of the absent parent's lack of
involvement. For example, no
maintenance payments, or contact
with the child.
If you are in this situation you may
want to look at our
example letter
Apply for a child Deed Poll
*You should note that in these
circumstances there is a chance that
you will require a court order
before all official record holders
such as the Identity and Passport
Service will accept the name change.
If the father has been absent for
several years you shouldn’t have any
difficulty obtaining a court order
giving you permission to change your
child’s name without the father with
parental responsibility giving his
consent.
When do carers have parental
responsibility?
Depending on the circumstances,
friends or family members appointed
as foster carers will sometimes hold
partial parental responsibility for
the child.
If a carer shares parental
responsibility with the child's
parents they can change the child's
name provided the parents agree. If
the parents disagree to the name
change only the courts can decide
whether the child's name can be
changed. In these situations the
children's feelings towards the name
change are an important factor for
the courts in deciding whether to
grant permission for a change of
name.
Shown below are the possible
situations along with who would have
parental responsibility in each
case.
1.
Under a care order, the child is looked after by the Local Authority and
has been placed with a friend or
family member who has been approved
as a foster carer.
-
The child's parents and the
Local Authority share parental
responsibility for the child who
may only be removed from the
carer through the local
authority.
-
In
this case the foster parents
will not have parental
responsibility and therefore can
not change the child's name.
2. Under a voluntary agreement with the
child's parents, the child is looked
after by the Local Authority and
placed with a friend or family
member who has been approved as a
foster carer.
-
The parents have parental responsibility for the
child who may only be removed
from the carer either by the
parents or through the local
authority.
-
In this case the foster carers will not have
parental responsibility and
therefore can not arrange a name
change for the child.
3. With a residence order, the child is
cared for by a friend or family
member.
-
Here, parental responsibility is shared between
the parents of the child, and
the person in whose favour the
residence order was made.
-
In this situation both the carer and parents would
have to consent to change the
child's name.
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If both parties do not consent to the change of
name only the courts can decide
whether to grant a change of
name.
-
Without a court order, the child cannot be removed
from the carer by the parents.
4. With a special guardianship order, the child is cared for by
a friend or family member.
-
Parental responsibility is shared between the
parents of the child, and the
person in whose favour the
special guardianship order was
made.
-
The special guardian may exercise day to day
parental responsibility rights
to the exclusion of all others
holding parental responsibility
(except for any other special
guardian).
-
The special guardian can apply to the courts to
grant a change of name for the
child if the parents do not
consent.
5. Under a Deed of Appointment, the child is cared for by a
friend or family member who is
appointed as a guardian, upon the
death of a parent as a part of the
parent's will.
-
If the carer has been appointed by a parent who
has sole parental
responsibility, the carer will
have full parental
responsibility on the death of
the parent (or otherwise upon
the death of everyone with
parental responsibility).
-
In this situation the carer can change the child's
name.
6. The child is cared for by a carer who has no legal order, and
has not been appointed as a
guardian.
-
If this sort of private
agreement has been made,
parental responsibility remains
with the child's parents and not
the carer.
-
The child's parents may remove the child as and
when they wish.
-
The carer may not change the child's name
It is important to note that when
parental responsibility is shared
and not everyone with responsibility
consents to the child's name change
only a court can decide whether to
grant a change of name.
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