There are many reasons why a parent might want to change their child’s name. Change of name applications on behalf of children usually involve a change of surname — often following a breakdown in the parents’ relationship or the child’s relationship with one parent. However, it’s becoming increasingly common for minors to wish to change their own names too.

While the short answer is yes, you can change a child’s name, there are several factors to first consider.

Do I need consent?

Before a name change can take place, all individuals with ‘Parental Responsibility’ must give their written consent. This is usually the child’s mother and father but may also include adoptive parents, guardians, or others, depending on the family situation. If you’re unsure whether you have Parental Responsibility, our solicitors can provide guidance.

If everyone agrees to the change

When everyone with Parental Responsibility consents, the process is more straightforward. The easiest way to legally change your child’s name is to apply for an enrolled deed poll from the Royal Courts of Justice.

The application must be completed accurately otherwise the court will reject it. Additional documents (such as birth certificates, divorce papers and other items) also often being required alongside the application. Our solicitors can help you with this. The paperwork also needs to be witnessed and sworn by a solicitor before it is submitted at court.  

If not everyone agrees

If any person with Parental Responsibility does not agree to the name change, you cannot proceed via Deed Poll. Instead, you must apply to the Family Court for a Specific Issue Order to change your child’s name.

The court will evaluate whether the name change is in the child’s best interests, using the “welfare checklist”. This includes considering factors like the child’s age, their emotional needs, and their own wishes and feelings.

Generally, the older and more mature the child is, the more weight the court will give to their opinion. However, this is not an automatic right. Approval by the court will depend on a range of  factors.

Will my application be successful?

The court views changing a child’s name as a significant step and not something to be taken lightly. Supreme Court judges have stated ‘Forename or surname… the principles are the same in general. A child has roots… To change that is to affect the child’s identity’.

Successful applications for a Specific Issue Order to change a child’s name are relatively rare. The Courts are cautious to intervene when one parent objects, because they view a child’s name as central to their identity. The Court may however change a child’s name if there are exceptional circumstances, such as:

• A parent with a criminal history of serious offences
• Risk of abduction of the child
• Religious acceptance or cultural reasons
• Long period of estrangement and lack of involvement (several years)

In recent years, more children, particularly those who are transgender or non-binary, have expressed the wish to change their forenames. While these cases are becoming more common, successful applications on these grounds are still limited.

What if my application is refused?

Most children can legally change their forename or surname without needing parental consent upon reaching the age of 16. If there is a 'Lives With' (residence) order in place, the child may need to wait until they reach adulthood to change their name, as these orders usually continue until a child turns 18.  

In the meantime, even if a legal change isn’t possible, many organisations, such as schools, GP surgeries, and sports clubs, will allow child to be ‘known by’ a different name.

If you believe the court’s decision was incorrect, you may in exceptional circumstances have the right to appeal. This is something our team can discuss with you in more detail.

How we can help

If you're considering changing your child’s name and need expert advice, Switalskis offers a free 30-minute telephone consultation.

Our experienced family law team can help you understand your rights, guide you through the process, and ensure your child's best interests remain the focus. Call us on 0800 138 0458 or email help@switalskis.com