It is the responsibility of the adult who is making the application with us for a Deed Poll for a child to ensure that they have the consent of all people and/or bodies with Parental Responsibility. They should have all the necessary letters of consent before they make the application with us for a change of name deed.
Children who are 16 or above can legally change their name without first obtaining anyone’s consent, unless there is a court order in place that overrides this.
A child under the age of 16 can only change their name if everyone with parental responsibility for them gives their consent. A person with parental responsibility can obtain a Deed Poll for such a child, but in order to put the change of name into effect, for instance by updating the child’s passport, written evidence of the consent of all people with parental responsibility would have to be sent to HM Passport Office. Schools are also likely to insist upon seeing all letters of consent before they will change their records for a child who is under 16.
If you apply for a Deed Poll for your child, we will not have to see any of your letters of consent from other people or bodies that have parental responsibility for your child – this is a matter for you. Your child’s Deed Poll will not be an identity document. However, as you and your child will have to provide the Deed Poll as evidence of the change of name from time to time, and you will also have to provide the letters of consent, we would advise that you always keep them together.
The law on Parental Responsibility is governed by the law of the country where the child is resident. The law is slightly different in different areas of the UK. In general, the law in England and Wales is set out below:
It is the “legal” parents who are the people seen as having Parental Responsibility for a child. The “legal” parents are not necessarily the “biological” or “natural” parents, and it is possible for two men, or two women, to be seen as being the “legal” parents.
In law, the “legal” mother will most usually be the woman who gave birth to the child. This may be different if the child was adopted or was given birth to by a surrogate mother. In law, the “legal” father will most usually be the “biological” or “natural” father, especially where he was married to the mother at any time when she was pregnant with the child, or, in England and Wales from 1 December 2003, where he is named on the Birth Certificate. In other parts of the UK, the date will be different. For instance, an unmarried biological father will only have Parental Responsibility in Scotland if the child’s birth was registered or re-registered on or after 4 May 2006 and his name was recorded as the father on the registration.
Where a child has been adopted, the Adoption Certificate will state who the “legal” parents of the child are.
As regards surrogacy, the couple who arranged surrogacy should apply to the Courts for a Parental Order which allows them to be named as the “legal” parents of the child.
In general, a person can always apply to the Courts for a Declaration of Parentage, if they have a valid personal interest in the outcome. If granted, such a person would then have Parental Responsibility for the purpose of a change of name of the child concerned.
Other factors that may affect Parental Responsibility are, for instance, where a person becomes a child’s guardian, or obtains a residence order in their favour.
It is the responsibility of the adult who is making the application with us for a Deed Poll for a child to ensure that they have the consent of all people and/or bodies with Parental Responsibility before they make the application.
If there is a court order or agreement of any kind relating to the child (for instance, a Parental Responsibility Order, Adoption Certificate, Residence Order, Parental Responsibility Agreement, Special Guardianship Order or Specific Issue Order) then this could set out exactly who has Parental Responsibility.
If both of the legal parents consent to the child’s change of name, and both can sign the deed poll, please tick both mother and father boxes on the application page. If they cannot both sign, then please tick only the box for the parent who can sign the Deed Poll. In this case, you must have a letter of consent from the other parent (as well as from any other person with Parental Responsibility), unless there is a valid reason why the other person cannot give their consent. For instance, this may be where they have died, or where the parents are separated and one of the parents cannot be found despite concerted efforts to find them. Please see below a copy of the draft notification letter which is enclosed with your Deed Poll. This letter asks organisations to record your child’s change of name, and it sets out all of the options that may apply in respect of parental responsibility for your child.
In most circumstances it will be either one or both of the biological parents, who have parental responsibility. We have put together a flowchart (see below) to help you to assess whether the mother has sole parental responsibility, or joint parental responsibility with the father. Other people or bodies may have parental responsibility, if for instance there is a Court Order, or an adoption, as set out above. The flowchart below is very basic and has been set out as simply as possible.
[YOU INSERT YOUR ADDRESS]
[YOU INSERT DATE HERE]
[YOU INSERT HERE THE ADDRESS OF THE BODY TO BE NOTIFIED]
CHANGE OF NAME – [INSERT YOUR CHILD’S FORMER NAME] – [YOU SHOULD INSERT ANY RELEVANT REFERENCES HERE]
I would like to notify you that my child has legally changed [his][her] name from [INSERT CHILD’S FORMER NAME] to [INSERT YOUR CHILD’S NEW NAME].
[YOU MUST CHOOSE ONE OF THE FOLLOWING 4 STATEMENTS THAT APPLIES TO YOU]
[IF YOU CHOSE THE FIRST OF THE STATEMENTS ABOVE, YOU SHOULD ALSO CHOOSE THE ONLY APPLICABLE STATEMENT FROM THE NEXT 6 OPTIONS]
I have executed a Deed Poll, or change of name deed, which legally documents my child’s change of name. I enclose the Deed Poll and would be grateful if you would update your records. I would be grateful if you would return the Deed Poll to me as soon as possible.
[INSERT YOUR NAME]