Are you wanting to change your child’s name?

First things first, have you checked with the parents and individuals with Parental Responsibility? When a child is born to married parents one or both will register the child's name on the birth certificate. Children normally take the surname of their father. Unless their mother wishes them to have a different surname and the father agrees to this.

Unmarried fathers do not have to register their children's birth and have no independent right to have their name entered on the birth certificate. Unmarried mothers can only enter the father's name if they:

  • Both agree and sign the register
  • Each produce a sworn statement
  • Have an appropriate Court Order

What are my rights if I am not on the birth certificate and don’t have Parental Responsibility?

As a parent it is important to know your rights when it comes to your children. If for some reason you have not been placed on the birth certificate and someone is wanting to change your child’s name; you need to determine whether you have Parental Responsibility or not.

The child's surname cannot be changed without the written consent of every other person who has Parental Responsibility or the Court.

One parent cannot change a child’s surname by themselves unless they are the only person with Parental Responsibility. However, even if you do not have Parental Responsibility for your child you can still object to your child’s name being changed by applying to the Court for an Order.

The Applicant will have to show that it is in the child’s best interests for the Order to be granted. A child’s name is considered an integral part of their identity and the decision therefore is not taken lightly by the Court.

Obtaining Parental Responsibility

If you do not have Parental Responsibility for your child and would like to obtain it, there are various ways you can go about it.

If you are married to the mother at the time of the birth of your child, then you automatically have Parental Responsibility.

And if you were not married to the mother at the time of the birth but did register on the birth certificate after 1st December 2003 then you will have Parental Responsibility.

Unmarried fathers can obtain Parental Responsibility by:

  • Marrying the mother
  • Having his name registered on the birth certificate
  • Entering into a Parental Responsibility agreement with the mother
  • Obtaining a Parental Responsibility Order from the Court
  • Having obtained a Residence Order prior to 22/4/2014
  • Being named as the resident parent under a Child Arrangements Order

Please do get in touch if you need any further information or advice. You can also find more information on Family Law on the Family Page of our website.