A mother wishes to change her child's surname from that of the father (he's on the Birth Certificate but they never married) to her own because the father has little contact with the child. The parents separated soon after the birth. The father makes regular payments to the mother for the child. The child is 13. The child has never expressed any wish to change their name. Can the mother do this without the father's consent? Is a court likely to grant this?
Changing a child's surname
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You can be known by any name you like as long as their is no intention to deceive. My step daughter started using my surname from the age of 6 after I met here mother. 40 years on and she still uses it. Only awkward bit was getting things like first passport but no problem after explanations to the passport office.
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Hi G7IVP,
Since December 2003 if the father is named on the Birth Certificate then they automatically have parental responsibility for the child irrelevant of marital status.
So if the child's name is to be changed then anyone with parental responsibility has to be consulted and agree. There is a form to be completed and submitted with all parties agreement for the name to be legally changed. You can find further information here:- https://www.gov.uk/change-name-deed-...-a-childs-nameI am a qualified solicitor and am happy to try and assist informally, where needed.
Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.
If in doubt you should always seek professional face to face legal advice.
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As the father is on the birth certificate, he has parental responsibility, and needs to either give consent to change the name ( Giving consent can be in the form of a signed letter ) or, if he is absent ( can't be found, abuse concerns ) then an application can be made to court for a Specific Issue order.
Official info and forms here -> https://www.gov.uk/change-name-deed-...-a-childs-name
Example Consent Letters -> http://www.ukdps.co.uk/ExampleLettersOfConsent.html
Couple of useful articles here - >Keep issues of Child maintenance / finances entirely seperate from any issues of contact / name change ( ie. if you apply do not give 'no financial assistance' as a reason )
( oops crossed with Peridot - but at least we said same thing )#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First Steps
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