Changing a Child's Surname in the UK
A child's name change turns on one question: does everyone with parental responsibility agree? If yes, it's a deed poll you can write yourself for free. If no, it's a family-court application. Here's how to tell which you're in, and what to do in each.
Who has parental responsibility?
The mother automatically; the father if he was married to the mother or is named on the birth certificate (births registered after December 2003 in England & Wales); anyone with a parental responsibility agreement or order. All of them must consent to a name change.
With everyone's consent
- Write the deed poll on the child's behalf using the wording on GOV.UK. Free. Both parents sign, with a witness.
- Optionally enrol it at the Royal Courts of Justice (≈ £50) for a public record — most organisations accept an unenrolled deed poll.
- Update the records: school, GP and NHS number, the child's passport (new passport, ≈ £61.50), Child Benefit, savings accounts.
Without consent
- Apply to the family court for a specific issue order (form C100). Court fee ≈ £255, waivable on low income.
- The court decides on the child's welfare — a change is more likely where the other parent has no involvement, less likely where they do.
- Consider mediation first; the court expects it in most cases.
| Deed poll (unenrolled) | Free |
|---|---|
| Enrolling | ≈ £50 (optional) — GOV.UK |
| Court order if no consent | ≈ £255 court fee + possible legal costs |
| New child passport | ≈ £61.50 online |
Common questions
Can I change my child's surname without the father's consent?
Not without a court order. Everyone with parental responsibility must agree in writing; if one parent refuses or can't be found, you apply to the family court for a specific issue order, and the court decides on the child's best interests. A father without parental responsibility (not on the birth certificate, not married to the mother) doesn't need to consent.
How do I change a child's name — deed poll?
For a child under 16, the parents make a deed poll on the child's behalf (free to write yourself; enrolling it at the Royal Courts of Justice is optional and ≈ £50). A child aged 16 or 17 can make their own deed poll but still needs the consent of everyone with parental responsibility to enrol it.
Do I need a solicitor?
Not if everyone with parental responsibility agrees — the deed poll is a one-page document you can write from the GOV.UK wording. You'll want a solicitor if consent is refused and you're going to court.
Which documents accept the deed poll?
School records, the GP, HM Passport Office (a new child passport, ≈ £61.50) and the child's bank. Birth certificates are not changed by a deed poll — the original name stays on it, and the deed poll sits alongside.
Can I re-register the birth after getting married?
If the parents marry after the child's birth, you can — and legally should — re-register the birth, which produces a new certificate and is a chance to record a different surname. This is a separate process from a deed poll.
Back to the UK overview.