Q. I am getting married and my child wants to have my new surname, can I change his name?
A. Legally, you may not change your
childās name unless you have the permission of every person who has Parental Responsibility for the child.
A Mother automatically has Parental Responsibility for a child. A Father has Parental Responsibility for a child if he is married to the Mother (either before the birth or after it) or if the childās birth was registered after the 1st December 2003 and he was named as Father on the Birth Certificate. The Father can also acquire Parental Responsibility by entering into a formal Parental Responsibility Agreement with the Mother, or by an Order of the Court.
If the Father does not have Parental Responsibility then you may legally change your childās surname to your new surname (or any other name for that matter) without the Fatherās permission. However, beware that even a Father without Parental Responsibility can bring an application to the Court for you to change the name back and such applications have been known to succeed. It would, therefore, be prudent to consult with the childās Father even if he does not have Parental Responsibility.
If the Father does have Parental Responsibility then you must obtain his permission before changing the name. If the Father will not give his permission then you will need to make an application to the Court for a Specific Issue Order.
When the Court considers your application the childās āascertainable wishes and feelings in light of their age and understandingā will be one of the factors considered by the Court. Therefore if your child is clearly expressing a desire to change his or her name, the Court will attach an appropriate amount of weight to their wish depending on their age and understanding. This aspect will be considered alongside a number of other factors including āthe likely effect of any change in circumstances on the childā.
The issue of the childās identity is a key consideration in the Court reaching a decision and whilst you may want him to share a surname with your new family, it is important that you consider the significance of your child identifying with his Father and the rest of his Paternal Family. Therefore it may be sensible to consider a double-barrelled surname incorporating your new surname and the childās Fatherās surname. This is likely to be much more palatable not only to the childās Father but also to the Court.
To speak to
Chris Brown about any aspect of
Family Law please call 01733 295 627 or email
chris.brown@hegarty.co.uk