Can I Change My Child's Name after Divorce?
A child’s name can be changed after divorce by Deed Poll, but only if everyone who has Parental Responsibility for the child gives consent.
When parents separate, it’s common for either parent to want to change their child’s surname. It might be following a remarriage, or because the mother is reverting to her maiden name, or maybe to make sure the child’s surname matches the surname of their half siblings.
Whatever the reason, you will need the consent of whoever else has parental responsibility if you want to change your child’s surname. Without it, you will have no other option but to apply to the Court for a Specific Issue Order.
The mother of the child will always have parental responsibility. A father who marries the mother will automatically get parental responsibility.
You also get parental responsibility by either:
To avoid going to Court, if you cannot agree on your child’s surname, you can choose to settle for a double-barrel surname to reflect both maternal and paternal sides of the family as a compromise.
This is also encouraged by the Courts, if possible, and although it may not be what you want to hear, it could save a lot of arguments for your child’s sake.
Get in touch with our Family Law Solicitors for more expert legal advice.
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