Children's Change of Name
England, Wales and Northern Ireland
Scotland
Re-registration of birth where a name has changed
Annex A - Children's change of name policy questions and answers
Annex B – Standard response when an applicant is challenging our need for
parental consent to a change of name for a child under 16
Please also see Children and Names.
England, Wales and Northern Ireland
Where the child’s name is different to that shown on their birth certificate,
documentary evidence of the change of name is required. Documents should
be the original, a certified copy, or a photocopy that has been certified as a
true copy by a responsible person. The evidence required is the same as that
needed for an adult’s change of name. That is:
•
•
•
•
•
•
•
•
•
Enrolled deed poll
Unenrolled deed poll
Statutory Declaration / Affidavit
Adoption order/certificate
Certificate from the Court of the Lord Lyon of Scotland
Certificate of record at the College of Arms
Act of Parliament
Certificate of naturalisation/registration
Re-registered Birth Certificate
Further details of these documents can be found in the Names policy.
As a result of case law, a change of name deed, or deed poll changing a
child’s name will only be valid on the basis that all those with parental
responsibility have consented, or a Court Order has been obtained to allow
the change. The policy is based on the judgement in the Re P case. Re P
found that a child’s change of surname is fundamental and that no official
body should allow a child to be known by a new name without the consent of
every person with parental responsibility. (For changes of forename see
paragraphs 1.15 and 1.16. For 16 and 17 year olds, see paragraph 1.17.)
When considering a child’s change of name, examiners need to consider
•
•
Who has parental responsibility
Are there any court or custody orders existing for the child
(including a parental responsibility order)
For information on Court Orders, Residence Orders, Special Guardianship
Orders and other similar documents relating to parental responsibility, please
see the Children page.
Where a child is the subject of a current court order, including a care order,
custodianship order, parental responsibility order or residence order made by
a court in England and Wales or Northern Ireland the child's name cannot be
changed without the written agreement of every person who has parental
responsibility for the child, or by leave of the court as long as the court order
remains valid. If such agreement has not been obtained the applicant should
be advised to seek legal advice. The written consent must be submitted with
the application.
Where a child who is not subject to a Court Order has changed their
surname, the Court of Appeal in May 1998 clarified the procedure to be
adopted for changing the surname. It concluded that the change of a child's
surname is fundamental and, in any case of dispute where both parents have
parental responsibility, either the consent of both parents or a court order is
necessary.
IPS is not in a position to establish whether or not the child’s change of name
is a result of a dispute. Therefore, if the name of a child has been changed
and the child is resident in England, Wales or Northern Ireland, and is not
subject to a court order, we still need to be satisfied that the consent of
everyone with parental responsibility has been given to the change of name.
This can be established in two ways. The written consent from both parents
may be submitted. Alternatively, a Statutory Declaration made by the person
consenting to passport facilities is required, confirming that every person with
parental responsibility is aware of, and consents to, the change of name.
A statutory declaration is a short statement in a prescribed form, which has to
be signed in front of a solicitor or notary. It is quite straightforward but falsely
swearing a statutory declaration is a criminal offence and carried a penalty of
up to two years in prison and/or fine, so it can be a strong deterrent.
In all cases if the consent is not available, a court order specifically
authorising the change of name will be acceptable. A Specific Issue Order
under Section 8 of the Children Act 1989 is preferable, but any order that
deals with the issue of permitting the change of name will be acceptable. The
Specific Issue Order will give permission for a child’s name to be changed in
the absence of permission from everyone with parental responsibility; it
doesn’t usually change the name on its own. That means we would normally
ask for a change of name deed or statutory declaration, in addition to the
court order giving permission to change the child’s name. However, if we have
a court order that directs that the child is to be called by a specific name, then
we cannot go against the court order and would have to issue in the name as
directed by the court, irrespective of whether we have the change of name
deed or not. The evidence of change of name, written consent (including the
Statutory Declaration), or Court Order relating to the change of name should
be scanned by Steria after issue, and the application case noted.
There are occasions when an unmarried mother will have changed a child’s
name by deed poll and the father has subsequently obtained a parental
responsibility order. In these circumstances, legal advice has been that at the
time the change of name deed was executed, the mother was the only one
with parental responsibility and therefore we should accept the change of
name as valid. A father who has gained parental responsibility following the
official change of name, and who subsequently objects or applies for a
passport in the original name, should be advised that we will be unable to
proceed with the application with out the consent of the mother to the change
of name. Alternatively he can obtain a Specific Issue Order changing the
child’s name.
As previously mentioned, the Children’s Act 1989, gives parental
responsibility to both parents where they were married at the time of the
child’s birth. A number of enquiries have been made from mothers who have
subsequently found her husband (or ex-husband) is not the biological father
through DNA testing. Particular care should be taken when dealing with these
cases. Our legal advice is that the person named on the birth certificate as the
father should be presumed to have parental responsibility unless: (i) the court
makes a declaration of parentage, (ii) he himself acknowledges that he is not
the father, or (iii) clear evidence is produced that he accepts he is not the
father. We will therefore require the consent of the registered father as well as
the biological father if the mother subsequently divorces and then marries the
biological parent to any change of name. Where the child’s birth was
registered, or re-registered after the introduction of the Children and Adoption
Act 2002, the father will still have parental responsibility even if it is later
established that he is not the biological father (see the Children page).
When the person applying for a change of name for a child under 16
challenges our policy in regards to requiring the consent of all other parties
who hold Parental Responsibility, a standard response drawn up by the Policy
Department can be sent (see Annex B). It should be noted that the reply may
need to be tailored to suit and is for guidance. All such cases should be
referred to your line manager for approval before sending to relevant person.
An enrolled Deed Poll is made in accordance with the Enrolment of Deeds
(change of name) Regulations 1994 which require the application to be
supported either by the consent of every person with parental responsibility,
or if not, require reasons to be given why the consents cannot be obtained.
The Judge will have to take into account any lack of parental consent in
making a decision to proceed with the change of name. In view of this, such
Deed Polls may be accepted for a child’s change of name once the document
has clearly been enrolled through the Supreme Court.
Where the applicant is unable to produce either the consent of everyone with
parental responsibility or a Specific Issue Order agreeing the change of name,
the passport may be issued in the original name. No mention of the new name
should be included in the passport.
The case law Re P deals with children’s change of surname only. In these
circumstances we should ask for evidence that everyone with parental
responsibility has agreed to the change of names, and, in the absence of
written consent from both parents a statutory declaration must be obtained
confirming that both parents are aware of and have agreed the change of
name. Where it is clear from the evidence produced that only one person with
parental responsibility exists only their consent is required.
Where an application is received and the child’s forenames have been
altered, for example by a different spelling (Lesley instead of Leslie), the order
of the names changed to those shown on the birth certificate (John Robert
instead of Robert John) or a forename being dropped or added, the passport
should be issued as shown on the birth certificate (or previous passport),
unless documentary evidence of the forename change has been produced in
the form of a Deed Poll, Statutory Declaration, Naming certificate or Baptismal
certificate. In the cases of minor changes of spelling we do not need the
consent of everyone with parental responsibility. However if the forename has
been completely changed then we will require that consent.
Young people are legally entitled to execute a Deed Poll from the age of 16
years, and as a result are able to change their name without parental consent
unless there is a court order still in force that forbids the change of name.
Where an application is submitted with a Deed Poll or Statutory Declaration
made by the parent, Re P should be applied. However, where the young
person has changed their own name we may accept this. The application
must be case noted to confirm deed poll completed by the 16/17 year old.
Legally the decision to change their name is their own and there will in
general not be good reason why the wishes of someone with parental
responsibility should override the wishes of the 16 year old unless there are
exceptional factors that need consideration. If someone with parental
responsibility simply just does not want the child to change their name, this
should not be considered as an exceptional factor.
From 1 September 2009, the Children and Young Persons Act 2008 amended
the Children Act 1989 so that a residence order, unlike other court orders
granted under Section 8, will last until the child reaches 18 unless the courts
direct the order should end earlier, or another order is made discharging the
residence order before that date. As a result of this change, where a
residence order is issued on or after 1 September 2009, consent to the
change of name from everyone with parental responsibility will be required
until the child reaches 18. Consent to the name change is also required when
a Special Guardianship order is in force and when a Care Order under section
31 Children Act is granted. (See 1.4 that indicates consent is required as long
as the order remains valid). Examiners will need to take particular care when
giving out advice for young people subject to court orders who wish to change
their name.
Examiners should take care to ensure that a child’s previous name has been
checked on the system when dealing with these cases.
Where we need the consent of both parents to the change of name, and the
applicant informs us that the other parent with parental responsibility has died,
a statement confirming the facts of the matter, that there are no Court Orders
existing, together with the full birth certificate, evidence of the child’s change
of name and parent’s death certificate to back up the statement will be
acceptable. If someone caring for a child informs us that the parent with
parental responsibility has died and that the other parent does not have
parental responsibility (or both parents have died) then, if we are satisfied with
the documentary evidence produced that there is no one existing with
parental responsibility for the child who could object to the change of name,
we can accept a formal change of name made by the person who has care of
the child (acting in loco parentis/the local authority).
Where a passport has been issued incorrectly in the new name either
because we did not make the necessary checks to establish that there was
more than one person with parental responsibility, or because the applicant
made a false declaration, we should attempt to reclaim the passport.
The problem usually comes to light following a written complaint from the
other parent. Customer Service staff need to establish whether a false
statutory declaration was made, if both parents consent was given, or whether
the application was not dealt with correctly.
In cases where the statutory declaration confirms the other parent gave
consent, and they dispute this, we require written confirmation from the parent
objecting that this was not in fact the case. The file should then be referred to
FIU with a view to taking legal action for a false declaration. Similar
procedures should be taken when the other parent indicates that the written
consent scanned on the form is not theirs. This action does not mean we
should not attempt to reclaim the passport.
Where an error was made during the examiner stage, Customer Service staff
will need to write to the applicant explaining that a mistake was made at the
time of issue and, as the passport remains the property of IPS it should be
forwarded to us. The reason for the error should be explained and that a new
passport in the birth names, valid until the expiry date of the original, will be
issued unless there is a Specific Issues Order authorising the change of
name. A new application form and pre-paid label should be enclosed together
with confirmation we will reimburse the costs of additional photographs.
Three attempts should be made to obtain the passport and the last letter
should be sent by registered mail. It should include an explanation of what our
next action will be if the letter is ignored. In areas where Secure Delivery
signatures are mandatory, the letter can be sent by Secure Delivery. If the
passport is still not forthcoming we should advise the complainant that we
have done all that we can to retrieve the passport but that we are not an
enforcement agency and cannot compel the return of the passport. The child’s
name should be entered on our Stop File browse to resolve the matter once
the passport is returned for renewal and the passport should be cancelled on
the system. Both parents should be advised of our action.
Where it is clear from the documents and the information provided that only
the one person has parental responsibility, we need only the consent from
that person.
Scotland
If the surname of a child has been changed and the child is resident in
Scotland, then, in addition to the normal evidence of the change of name as
detailed in 1.1 above, we will need a statement from the person who gave
consent confirming that everyone with parental responsibility and rights, have
as far as practical, been consulted and their views taken into account before
the child’s name was changed.
Re-registration of birth where a name has changed
Please see Birth Certificates for details of changing a name through reregistration of birth.
Annex A - Children's change of name policy questions and
answers
1) When dealing with a child renewal – if we know the child’s name is not the
same as at birth, do we issue like for like or do we make further investigation?
Re P should be applied on all first time applications. On a renewal, we are
simply re-issuing in a name that is already in use, and we have the confidence
that nobody has challenged our action of 5 years (or whatever time frame)
previously.
2) If the Change of Name Deed states that the father’s consent has been
given, can we accept that or do we still need a Statutory Declaration?
If the father’s consent is included on the Change of Name document we may
accept this, where the consent has not been included we will need to see it or
request a statutory declaration confirming father’s consent.
3) Statutory Declaration for a Change of Name for Children, will this
information be provided in the Information notes?
No – the information is quite complex and there is limited space on the
Information Leaflet. The current advice is that parents should contact our
Adviceline for further information.
4) There is confusion when the parents are still married and we only need the
consent of one parent to the child’s change of name. Wouldn’t it be easier to
just ask for both consents in all cases?
We should request the consent from both parents in all cases, or a statutory
declaration from one person confirming that everyone with parental
responsibility agrees the change of name. Unless of course one of the parents
are deceased, in which case we will need to see a copy of the death
certificate.
5) If we can accept a Deed Poll made by a 16 or 17 year old, can we accept a
deed poll made by a parent prior to the child’s 16th birthday provided the child
is now over 16?
No – Young people are legally entitled to execute a Deed Poll from the age of
16 years, and as a result are able to change their name without obtaining
parental consent. Where an application is submitted with a Deed Poll or
Statutory Declaration made by the parent we should always consider the Re P
ruling and request confirmation that everyone with parental responsibility is
aware of and has not objected to the change of name. However, where the
young person has changed his or her own name we may accept this.
6) Can a person acting in loco parentis change a child’s name?
Following clarification, public organisations must be satisfied that everyone
with parental responsibility has agreed to the child’s change of name.
If we are satisfied with the documentary evidence produced that there is no
one existing with parental responsibility for the child who could object to the
change of name, we can accept a formal change of name made by the person
who has care of the child (acting in loco parentis in this case). Examiners will
need to be satisfied that the parents are deceased or if only the mother is
deceased, that the father, if known does not have parental responsibility or
has not obtained a parental responsibility order/agreement.
7) Can a child’s change of name be accepted without the father’s consent if
the mother provides evidence that the father named on the full birth certificate
is not the father?
Our legal advice is that the person named on the birth certificate as the father
should be presumed to have parental responsibility unless, (i) the court makes
a declaration of parentage, (ii) he himself acknowledges that he is not the
father, or (iii) clear evidence is produced that he accepts he is not the father.
We will therefore require the consent of the registered father as well as the
biological father if the mother subsequently divorces and then marries the
biological parent to any change of name
It should also be noted that under the Adoption and Children Act, where the
child is born in England and Wales, the father will gain parental responsibility
once his name has been jointly registered on the birth certificate after 30
November 2003 (including re-registrations), and even if the father’s name is
then officially deleted from the birth certificate by the Registrar, the father will
not lose his parental responsibility. This will be evident by the notation on the
certificate. The legislation is similar in Northern Ireland and parental
responsibility once gained can only be lost through a court order.
8) Do we need the consent of both parents to the child’s change of name if
they both have parental responsibility and are resident in Scotland?
The law is Scotland is slightly different and there is no equivalent requirement
under Scottish law to obtain the consent of everyone with parental
responsibility. When the child is resident in Scotland, they will need to provide
the normal evidence of the change of name (i.e. change of name deed or
statutory declaration). In addition the person who provided consent will need
to confirm that where practical, everyone with parental responsibility and
rights have been consulted, and their views taken into account before the
name was changed.
Annex B – Standard response when an applicant is
challenging our need for parental consent to a change of
name for a child under 16
A British passport is issued to a minor with the consent of a parent or
guardian with parental responsibility for the child. Where both parents have
parental responsibility, regardless of whether they are living together or not, a
passport will be issued to whichever parent applies unless an objection has
been raised by one of them. However care must be taken to issue the
passport in the correct name, particularly in view of the risk of child abduction.
The requirements for changing a child’s surname when more than one person
has parental responsibility were considered by the Court of Appeal in the case
Re P (1997) 2 FLR 730, from which the Identity and Passport Service policy is
derived. This case concerned the issue of whether a County Council was
obliged to recognise a change of surname for three children when presented
with a signed deed poll evidencing the change, but where someone who also
has parental responsibility for the children (in this case, the father) has not
consented to the change. The conclusion of the court was that the change of
a child’s surname is fundamental and in any situation of dispute, where both
parents have parental responsibility, either the consent of both parents or a
court order is necessary.
In 1998 the Passport Agency amended its policy to reflect this clarification in
the law. It is now necessary for any parent submitting an application for a
child in a different name to that shown on the birth certificate, to confirm by
statutory declaration that any other person who has parental responsibility for
the child has consented to the change of name from that shown on the birth
certificate, or to submit a court order allowing the change. This court order
might take the form of a ‘specific issue order’ under section 8 of the Children
Act 1989 but any other court order will suffice if it addresses the issue of the
child’s name. An order enrolling a deed poll, for example, will be acceptable
as it will have had to have been made in accordance with the Enrolment of
Deeds (Change of Name) Regulations 1994 which require the application to
be supported either by the consent of all persons with parental responsibility
or failing that, requiring reasons to be given. This pre-supposes, therefore,
that the judge enrolling the deed has done so taking into account the fact that
one of the persons with parental responsibility may not have consented and
has nonetheless, ordered the change of name to be enrolled.
The Identity and Passport Service is not in a position to decide whether or not
there may be a dispute over a child’s change of surname and must apply this
ruling impartially. I have previously confirmed with our legal advisors that our
interpretation is correct and I am unable to comply with your request that it will
be in order for your client to apply for passports in the children’s new name
without the confirmation or court order required.