Changing Your Child's Surname

If you are separated or divorced, there may come a time when your ex-partner wishes to change your child’s surname. It is relatively common, however, for one of the parents, usually the father, to disagree with a name change.

Reasons for Changing Your Child’s Surname

It is usually the case that your child will carry your family name, particularly if you were married. After your divorce, your ex may wish to revert back to her maiden name and she may want to change your child’s surname to match her maiden name. Alternatively, Your Ex May Meet And Marry Someone Else, adopting her new husband’s surname. Again, she may wish to change your child’s surname to match her new family name.

Understanding the Procedure

The procedure for changing your child’s surname can be carried out using a family law solicitor. But the mother must get permission from you before she can do this.

Some divorces are relatively amicable and you may not be too concerned with a change to your child’s surname. However, many fathers wish for their family name to be carried on. In these circumstances, it is your legal right to refuse a name change.

Changing Your Child’s Name Without Permission

If you refuse a name change, the mother has no right to carry it out. If she was to change the name without your consent, you can appeal to the Court. The Court will take into consideration whether the name change is necessary and whether it would be detrimental to the child to change their surname, or in some cases to not change their surname. For example, if one child in a family unit had a different surname to the rest of the family, this may be considered as detrimental to the child.

If you want to change your child’s surname, you must also seek permission from the other parent. In the case of divorced couples who have lived together for some time, a Court is unlikely to allow a name change where one parent disagrees with such change.

Unmarried Couples

If you are unmarried and have separated from a partner, but have lived as a family for some time, a Court is likely to treat you in the same way as a married couple. If you disagree with a change in name, a Court would be likely to agree that it is in the best interests of your child to keep their current name.

This differs, however, if you have not been a family unit for very long, particularly where you are not registered on your child’s birth certificate (see our article on What Rights Do I Have If I'm Not On The Birth Certificate). In many cases, a Court will allow the mother to change the child’s surname, where it would be negative for the child to have a different surname. Again, this could be the case where a mother has remarried and had another child, all carrying the surname of her new husband.

A Court may rule that it would be in the best interest for your child to also carry the same surname, so that he or she feels part of the family unit. In these circumstances, the father is in a very weak position indeed.

If your ex-partner wishes to change your child’s surname, you should talk to them, tell them how you feel, and discuss why they feel that changing the surname is the best idea. Make it clear that you do not want the name change. If this does not work, seek advice from a solicitor specialising in family law.

For more information on your rights, read our article on Separation Rights For Fathers on this site.