One of the questions that often arises after a couple separates is whether to change their child’s name after divorce and if so, what you need to do to change a child’s name.

The short answer is you can change a child’s name after divorce if you obtain the consent of everyone with legal parental responsibility for the child.  However, even if you can’t get all the necessary parties’ consent, you may still be able to get permission by going to the family courts. 

In what circumstances might you want to change a child’s name after divorce?

In very general terms, the most common scenario for wanting to change a child’s name is the divorced woman wants to revert to her maiden name and her children still have her former husband’s surname.  This may simply be so they share the same name going forward or, in more severe cases, it may be to visibly distance themselves from her former partner.

However, the father of the children could very well object to this and demand the children’s names stay the same.

If a couple hits an impasse, the best thing to do is to talk it through in a bid to find the best way forward for all parties and from all perspectives as parents cannot just change their child’s name if they are under 16 or start using another name for their child.  If they do not have the permission of the other parent, they’ll need permission from the court.

The court will always make their decision having assessed what is in the child’s best interests.  To assess whether a change of name is in the child’s best interests, the court would want to ascertain:

• What the child would like (if they are of an age to make a decision).
• The child’s relationship with the parent whose name they have.
• The registered surname of the child and the reasons why the child currently has this name.
• If there have been any changes in circumstances since the current name was registered.
• If circumstances are likely to change in the future that could cast the reasons for changing the child’s name into doubt.

If, after their assessment, the court grants the application, the resultant specific issue order might state the child can now be known by the changed name.  This serves as sufficient evidence that the child’s name has been changed and no further steps need to be taken.

However, if the order gives the parent permission to change the child’s name, the parent will need to apply to change the name either by a Change of Name Deed or Statutory Declaration.

If the court denies the application, the child’s surname may not be changed. 

The process can be further complicated if one of the parents is absent from the child’s life and, therefore, not present to consent to or contest a change of surname.  In these cases, the parent wishing to change their child’s name will again need to make an application to the court showing the whereabouts of their partner are unknown and that they have made reasonable efforts to establish contact.

Changing a child’s name by deed poll after divorce

Once the court has given permission to change the child’s name, their parent can apply to make the change by deed poll.

In terms of the names you can apply for via the UK Deed Poll Service, there are stipulations:

• There must be a first name and surname and cannot exceed 150 characters.
• The names must not be impossible to pronounce,
• The names cannot include numbers, symbols or punctuation marks.
• The names must not be vulgar, offensive or blasphemous or ridicule people, groups, government departments, companies or organisations. 
• The names must not promote criminal activities, racial or religious hatred or drug use.
• The names cannot  suggest you the holder has received an inherited honour, title, rand or academic award.

Once the name has been changed by deed poll, the child’s official records and documents can also be updated.  Birth certificates, however, aren’t usually updated; they are viewed as historical records and, therefore, valid if accompanied by the deed poll certificate confirming the change of name.

If you would like to discuss the issues raised in this blog in more detail with one of the children law specialists in our family team or would like to discuss any other family law issue in total confidence, please contact us today.