Changing Children’s names

You can change your child's name providing he/she is under the age of 18 years and all persons with parental responsibility consent (usually the parents ) . f the child is 16 or 17 years old then the child’s written consent will also be required. Anyone over 16 years is free to change their name however, they cannot enter into a legal change of name document until they reach 18 years. 

Parental Responsibility  is a legal status conferring on a person all the legal responsibilities and powers in connection with looking after a child under the age of 18 years. It gives the right to make decisions about the child’s welfare, education and religion, medical treatment etc.  

If you have sole parental responsibility you do not need the other parent’s consent to change your child’s name. If you have joint parental responsibility, you and the other person with parental responsibility (usually the father) need to consent to your child's name change. 

A mother automatically acquires parental responsibility under the law. A father of a child can acquire it by any of the following :- 

• if he was married to the mother at the time or birth ( at time of conception in Scotland)  

• if subsequently marries the mother  

• if he is stated as the father on the child’s birth certificate  

• if he was granted parental responsibility by the mother’s ( by entering into a parental responsibility agreement) .  

• if he obtains a residence order (order giving him custody of the child ) 

• if he obtained a Court Order granting him parental responsibility.  

If a father acquires parental responsibility then his consent is required to change a child’s name as he has joint parental responsibility with the mother. It does not matter if the parents are divorced unmarried, separated or if either has remarried.  

A person with parental responsibility can apply to the Court to change a child’s name if the other person with parental responsibility (usually the father ) does not consent or their whereabouts are unknown and consent cannot be obtained. A court will give permission if it is considered to be in the child’s best interests.  

If the father is absent and has not had contact with the child for some time the mother may take the risk of changing the name without applying for the Court’s permission. Usually most organisations will change the child’s name upon a legal change of name document being produced by the mother. If the father than turns up some time later to contest the change and applies to Court there is a risk that the court may reverse the change. However, if the father has been absent for a year or more or has not shown proper commitment to the child then it is unlikely that the Court will reverse a change of name by the mother.  

Persons other than the parents of a child can also acquire parental responsibility e.g. step father or mother on adopting a child or a guardian of a child. These would usually involve court proceedings.