Parental Responsibility Issues When Changing a Child’s Name in England and Wales

In England and Wales, to change the name of a child under 16 years of age consent must be given by all holding parental responsibility.  Only somebody who has parental responsibility for a child can change their name by Deed Poll.

For children over 16 years of age, they must apply for their own Deed Poll. They do not need consent from those with Parental Responsibility.

What is parental responsibility?

Who has parental responsibility?

Loss of Parental Responsibility

Fathers without parental responsibility

Absent fathers with parental responsibility

When do carers have parental responsibility?

What Is Parental Responsibility?    

The legal definition of Parental Responsibility (PR) is ‘all the rights, duties, powers, responsibilities and authority that go with being a parent’.  This means those with parental responsibility have a duty to care for and protect the child. Furthermore, they have a right to make decisions regarding that child’s future.

To change a child’s name, all those with parental responsibility must consent to the name change. In most situations, parental responsibilities last until a young person reaches 18 years of age. However, upon reaching 16 years of age, children can change their name without consent from those with parental responsibility.

Who Has Parental Responsibility in England and Wales?

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 child’s name change, you must know who holds parental responsibility.

Upon Birth

When a child is born, their mother automatically holds parental responsibility. If the child’s father marries the mother, he holds parental responsibility.  For births registered after 1st December 2003 that have the father’s details on the child’s birth certificate, he has parental responsibility.  However, for births registered before this date, this law does not apply.

Parents Not Married to Each Other

If the parents did not marry, the mother can change the child’s name without the father’s consent. Unless he has obtained parental responsibility in one of the following ways: 

  • By marrying the child’s mother.
  • Through a parental responsibility agreement with the mother.
  • By re-registering the child’s birth to record the father’s name.
  • By 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. 
  • Appointment as a Guardian by a court.

Adoptive parents gain parental responsibility for their child upon adoption.

If a father holding parental responsibility refuses to give consent to change names, the mother can apply to the courts. The may grant leave (permission) to change the child’s name. The courts will decide if a name change is in the best interests of the child. With older children, their feelings can be an important influence on the courts decision.

Loss of Parental Responsibility in England and Wales

Parental responsibility ends under the following circumstances:

  • When a child reaches 18 years of age.
  • If a child is adopted.
  • If brought to an end by the court, either by application of a person having it or by the child.
  • When a person holding parental responsibility dies.

Please note that Care Orders, Contact Orders, or Prohibited Steps Orders can limit Parental Responsibility.

Fathers Without Parental Responsibility   

If the child’s father doesn’t have parental responsibility, it is still a good idea for a mother to try to gain his consent before changing the child’s surname.

This is especially important if the mother plans to change the child’s surname to her own from the father’s. There have been cases in which a father with close contact with his child is unhappy with the name change and has it reversed.

In situations where a father is attempting to reverse a name change, the courts consider whether it is in the child’s interests to ‘disassociate’ (separate) them from their birth name. If the courts agree that it is damaging to no longer share a surname with their father, they will issue a court order. The order allows the father to change the child’s name back.

This is only likely to occur if a mother is changing her child’s surname from that of the father.

Absent Fathers Holding Parental Responsibility  

In order to change the name of a child with official record holders such as the Identity and Passport Office, all holders of parental responsibility must agree to the name change. If a mother wishes to change her child’s name but cannot gain the consent of their father who holds parental responsibility because his whereabouts is unknown she must obtain a court order.

This involves submitting an application to the courts. They will then decide if it is in the best interests of the child to undergo a change of name. A change of forename is usually a fairly straightforward process. However, if a mother is attempting to change her child’s surname from that of the father to something else, it may be more difficult. The courts will have to agree that disassociating from their birth name will not be damaging to the child.

When Do Carers Have Parental Responsibility?

Depending on the circumstances, friends or family members appointed as foster carers sometimes hold partial parental responsibility for the child.

The same consent requirements apply for all carers holding parental responsibility in England and Wales. In order for a carer to change a child’s name, they must obtain the consent of all those holding parental responsibility. In most cases the child’s biological parents.

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 decision.

Common Arrangements Found in England and Wales

Detailed below are some common arrangements in place with carers and who would hold parental responsibility in those cases.

  1. Under a care order, the child is looked after by the Local Authority and placed with an approved friend or family member 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 an approved friend or family member 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. Therefore, they can not arrange a name change for the child.
  3. With a residence order, a friend or family member takes care of the child.
    • 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.
    • 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, a friend or family member takes care of the child.
    • 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.
    • Parental responsibility remains with the child’s parents and not the carer in these types of private arrangements.
    • 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 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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  • Fill in our online application form
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  • Sign and date your Deed Poll
  • Update records into your new name

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