You cannot change your child's name by deed poll without consent from everyone who has parental responsibility. This includes the other parent if they have parental responsibility.

There are only limited circumstances where you can change a child's name without the other parent's consent.

When You Need Consent

If both parents have parental responsibility, both must consent to the name change. This applies even if:

You are separated or divorced
The child lives with you full time
The other parent has limited or no contact with the child
You disagree with the other parent about the name change

You cannot apply for a deed poll without the other parent's consent unless one of the specific exceptions below applies.

When Consent is Not Required

There are specific situations where you do not need the other parent's consent.

The Other Parent Does Not Have Parental Responsibility

If the other parent does not have parental responsibility, you do not need their consent.

Mothers always have parental responsibility from birth.

Fathers have parental responsibility if they:

Are married to the mother at the time of birth
Are named on the birth certificate (for births registered after December 2003)
Have a parental responsibility agreement with the mother
Have a parental responsibility order from a court

If the father is not named on an older birth certificate and does not have a parental responsibility agreement or court order, you do not need his consent.

The Other Parent Has Died

If the other parent has died, you do not need their consent. You may need to provide a death certificate when updating your child's documents.

Parental Responsibility Has Been Removed by Court Order

In rare cases, a court may remove someone's parental responsibility. If this has happened, you do not need consent from that person.

You Have a Court Order Allowing the Name Change

If you have a court order specifically allowing you to change your child's name without the other parent's consent, you do not need their agreement.

Getting a Court Order

If the other parent has parental responsibility and refuses to consent, you can apply to a court for permission to change your child's name.

This is called a Specific Issue Order. The court will decide whether the name change should go ahead.

What the Court Considers

The court's primary concern is the child's best interests. The court will consider:

The welfare and best interests of the child
The reasons you want to change the name
The reasons the other parent objects
The effect of the name change on the child
The child's relationship with both parents
The child's wishes and feelings (depending on their age and understanding)
How long the child has used their current name
Any cultural or religious considerations

The court will not automatically side with the parent who has day-to-day care of the child.

The Court Process

Applying for a court order involves:

Completing court application forms
Paying court fees (currently around £250)
Attending one or more court hearings
Potentially providing evidence and witness statements

The process typically takes several months. You will need to notify the other parent of your application, and they will have the opportunity to respond.

Legal Costs

Court applications can be expensive. In addition to court fees, you may need to pay for:

Legal advice from a solicitor
Legal representation at hearings
Additional fees if the case is complicated

Many people choose to represent themselves to reduce costs, but complex cases often benefit from legal advice.

When Courts Approve Name Changes

Courts are more likely to approve a name change if:

The other parent has had little or no involvement in the child's life
The name change is in the child's best interests for practical reasons
The child strongly wishes to change their name (if old enough to express this)
The current name causes the child distress or difficulties

Courts are less likely to approve a name change if:

The other parent has regular contact with the child
The name change would damage the child's relationship with the other parent
The request seems motivated by conflict between parents rather than the child's needs
The child has used their current name for many years

When Courts Reject Name Changes

Courts will reject applications if they believe the name change is not in the child's best interests or is primarily motivated by one parent's wishes rather than the child's welfare.

The court may also reject the application if it believes the name change would be harmful to the child's relationship with the other parent.

Alternatives to Court

Going to court should be a last resort. There are other options you can try first.

Mediation

Family mediation can help you and the other parent reach an agreement about your child's name. A trained mediator helps both parents discuss the issue and find a solution.

Mediation is usually cheaper and faster than court. If you later need to apply to court, you must usually attempt mediation first (unless there are concerns about domestic abuse).

Reaching an Agreement

Try to understand why the other parent objects to the name change. Common concerns include:

Feeling excluded from the child's life
Worry that the name change will weaken their relationship with the child
Cultural or religious significance of the current name
Practical concerns about documentation and school records

If you can address these concerns, you may be able to reach an agreement without court involvement.

Waiting Until the Child is 16

Children aged 16 or over can change their own name without parental consent. If a court case seems unlikely to succeed or too difficult, waiting until your child is old enough to decide for themselves is an option.

What You Cannot Do

You cannot:

Change your child's name by deed poll without proper consent or a court order
Forge the other parent's signature on a deed poll
Change your child's name and hope the other parent will not notice
Use a deed poll that does not have proper consent

If you change your child's name without proper authority:

Government departments and other organisations may refuse to update their records
The other parent can challenge the name change in court
You may face legal consequences for acting without proper authority

When the Other Parent Cannot be Found

If you cannot locate the other parent to get their consent, you cannot simply proceed without them.

You must either:

Make reasonable efforts to find them (the court may require evidence of this)
Apply to a court for permission to change the name without their consent

The court will expect you to have made genuine attempts to contact the other parent before proceeding.

Evidence You May Need

When applying for a court order, you may need to provide:

The child's birth certificate
Evidence of who has parental responsibility
Court orders relating to the child (if any)
A death certificate (if the other parent has died)
Evidence of your attempts to reach an agreement

After Changing Your Child's Name

If you successfully obtain consent or a court order and change your child's name:

Keep copies of the deed poll and any court orders
Update your child's passport, school records, and medical records
Inform anyone who needs to know about the name change
Keep evidence of proper consent in case it is questioned later

Getting Legal Advice

Changing a child's name without the other parent's consent is a complex legal matter.

You should get legal advice if:

You are considering applying to court
You are unsure whether you need consent
You are unsure who has parental responsibility
The other parent is threatening legal action
Your situation is complicated

A family law solicitor can advise you on your specific circumstances and help you understand your options.

Apply for a Child Deed Poll

If everyone with legal parental responsibility agrees to the name change, you can apply for a child deed poll online with Deedly.

Apply Now

Changing Your Child's Name Without the Other Parent's Consent