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.
If you're facing this situation and want to understand your legal position, you can use our free Name Change Rights Checker.
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.

Find out your rights if your child's name is being changed. Takes 1 minute.
Try our Name Change Rights Checker free, here on this site →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.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
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.
What can do
Hi Mia, I am also going through something similar. I have hired a solicitor and if you are in a financial position to do so then I recommend getting one too, just for advice at the very least. My solicitor wrote to my daughter's biological father to seek an amicable agreement which he refused, the next stage would be mediation which would probably be done via video call, if an agreement can not be made with a mediator then a Special Issue Order will need to be issued with the courts which you and the biological father would have to attend once a date is set. This also means the children would need to be interviewed by a CAFCAS officer alone, to hear their wishes and feelings on the matter.
If you feel in your heart of hearts that you're doing the right thing by the children and respecting their wishes then I recommend proceeding until it doesn't feel right anymore. If the name change is refused then at least you know you did everything you could and if your children still feel the same when they are older then they can apply for the name change themselves (or wait until the children reach the age of 12 and then the courts take into account their feelings and wishes much more seriously)
I hope this helped.
Katy
I have 3 children - one daughter and two sons.
My daughter does not know her biological father, but believes my ex partner (my second sons father) is her daddy, so I am the only person who has parental responsibility of her.
I have had a son with my new partner and we are getting married next year. Newest son has his fathers surname, however my other two children have always had my surname so I am attempting to change their surname from my maiden name to what my married name will be.
Has anyone every experienced anything like this? I’m trying to change their names because it’s what they want and it means we will be a family unit and so that they will continue to share my surname, albeit my new one, once I get married?
My ex partner is making life very difficult and for the first time in the 8 and 5 years since the children were born suddenly has a problem with them having a different surname from him - he has also stated he doesn’t want the name change to go ahead because he doesn’t want them having another mans surname - when the surname didn’t matter at all whenever it was my surname! Both children are dying to have their name changed and it’s breaking my heart that someone who is supposed to be an adult is breaking their hearts and trying to bribe them into day saying they want his surname and telling them they are bad when they disagree ??????? He doesn’t contribute to their upbringing at all - not financially or in anyway - they stay with him 1 night a week and that’s as far as his contributions go. I try and update him about the important or fun things going on in their lives and he is completely disinterested.
I have son three months old. I never lived with his father but he was happy to baby has his last name. After he got his last name he changed a lot and he didn’t see a child now two weeks. I probably made mistake thinking it will be good to baby has a father and his last name, but... :(.
What I can do and how to I change baby’s last name to be as mine?
His family and his friends basically disowned him, so he just left with no contact at all, not even a birthday card ect to his son.
I’ve searched the internet, Facebook and all social media sites for his father and I’m at a loss.
How do I change my sons first name without his fathers consent?
His sister and his friends basically disowned him, so he just left with no contact at all, not even a birthday card ect to his son.
I’ve searched the internet, Facebook and all social media sites for his father in at a loss.
How do I change my sons first name without his fathers consent?
I have a similar question
I need to know do I am able to change my son’s only first name the surname which I don’t have any issue I am separated since my son’s birth I don’t registered our Marriage.
Please note it that first I registered my son’s name but his father challenged me and changed my son’s name without my knowledge which was very surprising for me after that I apply by deed poll but now I am stuck in the passport because they won’t except without father’s confirmation please give me good advice what is the best solution in this matter thanks.
Side note - I have registered to use the forum but im not getting the verification email? Any help would be appreciated
I have a problem , i had a baby with a woman out of marrige , i have paid money for the child every month since born but we do not talk . She always knows where i was and she had full contact with my mother from birth . Any way she has had a d-poll certifitcate that she has changed his name . I am on the birth certificate ? What has she done and can i do anything about this ? Thanks for any help on this
I think she has done this woth out my permission . Has she beoken thw law ?
Can she do this?
My daughter is starting infants school in September and my ex has already said that she is taking legal action as I haven't consented to changing her surname to her Mums surname.
Can I prevent the school from using her Mums surname?
My daughters dad cut all contact via his wife nearly 18 months ago and hasn’t made contact since. She no longer wants to go by his name and I do not know where he is. Can I change her name via deed poll?
Thanks
I got married and already had two kids which are not my husband's, I change my two kids surname to my husband surname and now I feel like I have made a mistake. is it possible to change my kids surname to my maiden surname?
I'm a single parent from day one when I found out I was pregnant
I told the father I was pregnant
On the same day
He told me he was back with his ex
When I delivered Maisie he came to hospital to believe
Maisie was his
Maisie was my world from this day
The father saw Maisie once a week until he changed his girlfriend
The father only saw Maisie when he liked we are not married and never together when Maisie was born
Do I mother of Maisie have the right to change Maisie name without consent of the father???
My son has recently started crying that he's different from us, it break my heart, he asks why can't his little brother me and his step dad have a name like him, I've explained as best I can why they have different names and why I do and his step dad does. It actually makes him worse :,(
This has been going on for a month Now, every day he asks if he has step dad's name yet. I've asked him out right do you really want it and he's pretty addimant that it's what he wants, he gets literally hysterical about it. So I thought I could add on my new surname to his, double barrel?? But I have a feeling his dad is going to be difficult and have no idea how I even address this with him, any advice?
I really want to keep this out of court because I feel it will tarnish the already strained coparenting we have going. He used to be so amicable we both were but the past year has been hellish with him.
I have full parental response ability.
Was married to ex.
Son has a know as name with her new partner. I've not given consent for this.
My son is moving to secondary school Sept.
Can they keep this surname or will it go back to my surname?
Can she change their sons name so that his middle name is her new husbands surname without consent or does consent only apply to surnames?
The fact she is changing thei sons name without asking her ex husband seems rather odd.
Looking forward to your response.
Thanks
What can I do about a non-molestation order based on lies and here-say against me? Order is preventing contact with ex, but not child (pretty pointless as I never wanted any contact with my ex to begin with)
Also with this order having been served is my ex girlfriend allowed to change my child's surname without my permission?
How do i write a reply letter to the court.....that i object to my sons father changing my sons name.....how do i address it.....what do i include.....i do not have much time....i have 50% custody but have correctly been away and not involved in my sons life for a little over a year now but plan on doing everything i can to become the mother i once was and fight this battle! I
My son has my last name and i do not want that to change. Please help!
Hope to hear you soon
Thanks
I asked to have a double barreled surname but my childs mother refused. Since we were in the registration office I gave in which i now regret.
Is there anything that can be done? I feel cheated out of giving him my surname.
He is now at an age where he would very much like to change it back but we also have 2 children of our own whose names would change too. Is this a difficult process or is it an easy thing to do??
Thank you in advance :)
My ex-husband does not want to consent to me changing our daughter's surname to my maiden name but he is not an active part in my daughter's life at all.
Please advise which courts i can approach in Cape Town.
Thanking you kindly
Jade Martin
My ex partner tricked me into calling our baby his surname by saying he wanted our relationship to work , as soon as he got his way he ended things
There's 3 different surnames in my household, can I change the names so my children all have the same name without consents
Me and the guy who was released are now getting married and he wants to adopt my kids giving them his last name... Is that at all possible?
My daughter is 3,her natural/biological father is not registered on her birth certificate as he threw me out when I was 3 months into my pregnancy...he has made no contribution financially and has never made an effort to know our child or to see her after I've tried for 6months after her birth to give him a chance to apply for parental rights etc which he never did ,so basically my daughter doesn't know her biological father at all...and he hasn't been a part of my daughters life in any way shape or form since I was 3 months pregnant...we also were never married and only knew each other for 6moths before I realized I was pregnant...he then threw me out 3 months later which stating the obvious indicates we were only together for a duration of nine months....) so my question is...if I get married to a man that is not het biological father but who has been an active part of my child's life for the past 2 years and my daughter calls him daddy and he has acted as her dad in every possible way personally and financially except that he is in fact not by blood relation her natural biological father...and I want to change my child and my surname to this mans surname when getting married,is it a legal requirement for me to ask permission from my child's biological father who has had nothing to do with my child's life and upbringing since he threw me out? If so then I have no problem follow the correct legal steps to do the name change lawfully...but I cannot see how my child's biological father could have any legal rights to appose a surname change as he hasn't been a part of her life at all and if she doesn't even know of her fathers actual existence..please help!
Thank you
I have recently changed my 16 yrs olds surname but the 15 year old is left behind.
Thank you
We officially divorced in 2009. We have joint custody however my access was reduced when her and her partner moved over 100 miles away. Now I have her every other weekend and 1/2 the school holidays. She is 12 years old. She has my surname "Regan"
Her school closed recently and has started a new school today. I have just received the invoice for the school fees and notice that my ex wife and her boyfriend have changed my daughters surname. They have registered her as having a surname of "Hope-Regan" my ex wife's boyfriends name is "Hope"
I am devastated, can she do this? I was shocked to see what they had done.
Maybe I have got this wrong but i think that must be illegal even though my ex has tried everything possible to keep me out of my daughters life. My daughter is 8 and i haven't seen her for over a year because of my ex which has included false allegations
I recently received a letter saying she was attempting to stop the order as she, again falsely accused me of not feeding my children or changing my youngest nappies on visits. She also stated that my eldest son was seeing a councillor due to the fictional abuse. I have not been consulted at any stage with regards to health matters, schooling or any part of the lives my children now lead. I am a father who has always supported my children and I pay child support for my children. She has now asked to change the children's names. I believe she is trying to cut all ties so that she can move the children to France. My relationship with my children has always been wonderful as many character witnesses proved in court and I find myself now 16 months on being denied access by my ex partner and not knowing where to turn for help. Any advice would be greatly appreciated. My priority always has been and will be my children.
Kind regards
Jon
Where does he stand legally?
I want to take my girl on holiday and her mother says the only way I can take her is if I change her name their is no court order for custody
Rosie Helen
want to change his name to establish a family unit where everybody has the same name. If the father has been absent for some time then this might help your case too. However, you must have taken sufficient steps to contact him before making an application. When you receive your child's Deed Poll document and start sending it of to the relevant organisations, you will need to enclose a letter explaining your situation and why he is no longer a part of your child's life including the fact that he doesn't (if he doesn't) pay maintenance. If you can get his consent it would be a lot easier though. I hope this helps.
If the child is 12 years old, he is not old enough to apply for a deed poll himself. Your wife (his mother) can apply for a child deed poll. If they were separated even before the birth of the child maybe he hasn't got PR but it is worth checking on Gov.uk website or with ukdeedpolloffice.org. if he has't got PR the mother can change the name of the child via deed poll. Ta tah!
Thanks In Advance!
mine on?
My ex husband don't want nothing with my daughter since she born so what I do change her surname I need to know I heard have to wait till 16 right?? Please help me as I am deaf thank you.
july 13th 2013 my beautiful baby girl was born,
july 22nd 2013 my so called wife registered our daughters birth behind my back, in her maiden name and middle names all chosen behind my back ( baring in mind we were married and together at the time and still are married but now separated because of the above)
I have constantly asked for a name change, General registry office clearly say NO without mothers permission ( and my name isnt on the birth certificate during 11 months of trying to do this...)
27th May 2014 i finally got my name on my daughters birth certificate through many hours days and months of letters, phone calls and trying to patiently wait...
My wife committed perjury in a Registry office "under oath" when giving information about the baby, mother and husband; she said she wasn't married, and didn't know the father.
So i provided an updated marriage certificate DATED past the birth even though we was married 2 years before the birth/registration, and proof that we was together during the birth, but she still got away with committing perjury and naming my child behind my back in her maiden name? kuniving *****; exactly why i am proceeding divorce from this crooked bi polar witch.
Never the less i am now proceeding to General Registry office questioning why they have not prosecuted her for perjury when it clearly states in all their offices and in NATIONAL LEGISLATION that perjury is a crime and person(s) will be prosecuted.
So now i sadly have a daughter with a different name than it was supposed to be and access to her has been denied for 11 months due to her not putting my name on the birth certificate......... I married a monster, clearly.
What should i do?
Ask Separated Dads a question
Ask our editorial team a question and we will reply with our advice. Tell us as much about your situation as you can: the more detail you give, the more useful our answer can be.
You do not need to use your real name. Please do not include your full address, phone number, email address, or the names of other people. We may edit or remove identifying details for privacy and legal reasons.
Comments are moderated before publication.