A child’s name is registered on their birth certificate with their surname usually being that of their father. However, divorce or separation very often raises the issue of one parent wishing to change the child’s surname. We regularly receive enquires from clients about this, so it’s clear that it’s something which is a concern for many people.
There can be lots of reasons for wanting to change a child’s name – most commonly there is a desire for the child to have the same surname as their mother or any half-siblings or step-siblings.
Changing a child’s name is a decision that should not be taken lightly. Our names are important. They contribute to our fundamental sense of identity and changing a child’s name can potentially be confusing or even upsetting. The law recognises this and it’s not always as straightforward as you might think for a parent to change their child’s name.
Changing the name of a child (under the age of 16) can only be done by someone with parental rights and responsibilities (PRRs). A mother automatically holds PRRs. A father holds PRRs in Scotland if he was married to the mother when the child was conceived or thereafter. An unmarried father holds PPRs for births registered after 4 May 2006, if they are named on the birth certificate.
If both parents have PRRs then they both have to agree to the child’s name being changed. They can apply together to the General Register Office for Scotland for the name change, although the Register Office is still working through a backlog of applications as a result of the lockdowns.
The other way to change a child’s name is by Statutory Declaration, but again both parents must consent to the change.
The situation we are most often asked about is where one parent doesn’t consent to the change of name. Typically, this is because what is proposed is that the child drops one parent’s surname. If the parents can’t agree then the person who wants to make the change has to apply to the court for an order allowing the change to be made.
The court will look at what’s in the best interests for the child. If they are considered mature enough the child’s views will be taken into account. The reason for registering the child with the original name might also be a relevant factor. The quality of the relationship between the child and the parent whose name is to be dropped might also be considered; if that parent has been largely absent from the child’s life it may be more likely that the name change will be allowed. On the other hand, it may be considered important for the child to maintain links with both sides of their family.
Every case, and every family, is different, but if you are considering changing your child’s name our specialist Family Law Team can guide you through the process.
Insight from Lucy Metcalf Family Law Partner. For more information contact Lucy or a member of the Family Law team on 03330 430150.
