Can you change your child’s surname?

When it comes to naming a baby, the decision can be tricky and requires a lot of thought as a Christian name will be with the child for a lifetime. The dictionary refers to a ‘surname’ as being ‘the family name’. This can work well when two parents are together but can cause difficulties when parents either separate or live apart.

Where parents are married then both parents automatically have Parental Responsibility for their child and come to a decision on any matters relating to their child together. Similarly, where parents are not married and a child has been born after 1 December 2003 and the father was named on the birth certificate, then again both parents would have Parental Responsibility.

Outside of these circumstances the father of the child may not have Parental Responsibility. In those cases the mother can make unilateral decisions without reference to the father.

However, we would always advise our clients never to make such a decision without taking legal advice prior to making a decision, as the law is very clear on these issues. Every child’s circumstances are different and no decision to change a baby’s name or surname should be made lightly or without careful consideration as to the impact this will have on the child.

Courts look to parents to try and agree all issues in respect of their children but if it is not possible to reach an agreement, either through discussion, negotiation or mediation the Court can make a decision which both parents will have to abide by.

The key focus of the Court in making a Specific Issue Order will be the welfare of the child and not merely the needs of the parents.

If for some reason you are looking to change a child’s surname please do not do this without either agreement with the other parent or without having taken legal advice.

If you need advice about this issue, or any other family law issue, then please contact our specialist family law team today on 0800 015 0340