Parental Responsibility Issues in Northern Ireland
To change the name of a child under 16 years of age in Northern Ireland, 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 apply for their Adult Deed Poll. They do not require parental consent.
What is Parental Responsibility?
Who Has Parental Responsibility?
Fathers Without Parental Responsibility
Absent Fathers With Parental Responsibility
When Do Carers Have Parental Responsibility?
What Is Parental Responsibility?
Under the Children (Northern Ireland) Act, Parental Responsibility is ‘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 in Northern Ireland, all those who hold Parental Responsibility must give their consent. In most aspects of the law until a young person reaches 18 years of age, parental responsibilities are valid. However, as regards name change by Deed Poll, once a child reaches 16 years old they can change their own name. They can do so without the consent of any of those holding parental responsibility for them.
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 holding parental responsibility must agree to a child’s name change, it’s essential to know who holds parental responsibility.
The child’s mother automatically holds parental responsibility for her child from birth. The father will only have parental responsibility if:
- The parents were married when the child was born or at any time afterwards.
- The father registers as the father in the Register of Births. However, this law only came into use after 15th April 2002. It does not apply for births registered prior to this.
- The mother creates a Parental Responsibility Agreement stating his parental responsibility for the child.
- He has applied to the courts for an order on the basis that he is the child’s father. The existence of a court order constitutes evidence of paternity. Therefore, giving parental responsibility.
Step fathers can acquire parental responsibility in the following ways:
- A court granting a Custody or Residence Order.
- A Guardian placement 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.
Loss of Parental Responsibility in Northern Ireland
At the following times, parental responsibility ends:
- A child reaches 18 years of age.
- A child undergoes adoption.
- The court ends it, either by application of a person having it or by the child.
- A person holding parental responsibility dies.
Please note that Care Orders, Contact Orders, or Prohibited Steps Orders may also limit Parental Responsibility.
Fathers Without Parental Responsibility
If the father doesn’t have parental responsibility, it’s still good to try to get his consent before changing the child’s name. A surname can be an important link for a child. Occasionally the courts allow a father without parental responsibility who is in frequent contact with his child to reverse name changes. This is usually only possible if the child’s surname is changed from that of the father, to the mother’s surname.
The primary concern of the courts is whether it’s in the child’s interests to ‘disassociate’ (separate) them from their birth name. Further information on this is at Obtaining a Court Order.
Absent Fathers Holding Parental Responsibility
Sometimes mothers wish to change a child’s name, but cannot gain the consent of the child’s father. If he also holds parental responsibility, this is a problem.
In such cases, a mother can apply to the courts for leave (permission) to change the child’s name. The courts then 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.
If the child’s father has been absent for several years without maintaining contact, obtaining a court order should be straightforward.
A court order along with a Deed Poll showing the child’s change of name allows all official record holders such as the Identity and Passport Service to accept the name change.
When Do Carers Have Parental Responsibility?
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 are a factor for the courts in deciding whether to grant a name change.
Shown below are possible living arrangements with details of who holds parental responsibility for the child in each case.
- Under a care order, the Local Authority looks after the child who stays with a friend or family member that is an approved foster carer.
- The child’s parents and the Local Authority share parental responsibility for the child. Only the local authority can remove the child from the carer.
- In this case the foster parents will not have parental responsibility and therefore can not change the child’s name.
- Under a voluntary agreement with the child’s parents, the Local Authority looks after the child who stays with a friend or family member that is an approved 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.
- With a residence order, a friend or family member cares for 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.
- The parents cannot remove the child from the carer without a court order.
- With a special guardianship order, a friend or family member cares for 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.
- Under a Deed of Appointment, a friend or family member who is given guardianship cares for the child, 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.
- The child has a carer who has no legal order and is not the 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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- Sign and date your Deed Poll
- Update records into your new name
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