Important Notice:  

When changing your, or your child's, forename, middle name and or surname or gender title, in the United Kingdom, you simply need to purchase a Deed Poll, sign it in the presence of a witness, and send it to the organizations that need to know about it, for example, your employer, your child's school and or the Passport Office etc.

You do not need to read this page - the information published here has simply been provided in order to assist researchers who wish to understand the law, pertaining to a change of name, in more detail.

Rest assured safe in the knowledge that all relevant employees deployed within our organization have undergone extensive training and thus fully understand the law pertaining to a change of name, however, when our Lawyers first presented our general staff with this information, we admit that much confusion was expressed internally - you will be surprised to learn that even the word 'surname' has a legal definition.

Please do not allow yourself to get confused with the law surrounding a change of name in the United Kingdom. As with most areas of the law, the law surrounding a change of name is obscure, outdated, confusing and objectively questionable.

Please pay particular attention to the headings marked "Special Note" below.

 

This page should be read in the order in which the blue links are provided:

Initial explanation of the law

Three ways in which to change your name

Detailed explanation of the law

Adults  

Children 

 

Summary of the law: Change of Name

A natural person (i.e. a human being) may change his or her surname simply by using a different name without sufficient consistency to become generally known by that name. A change is normally given formal publicity (e.g. by means of a statutory declaration, Deed Poll, or newspaper advertisement), but this is not legally necessary. A woman can also change her surname through the operation of law on getting married.

A young child, however, has no power to change its surname, nor does one parent have such a power without consent of the other - unless there is evidence to suggest the other is deceased or unavailable. An injunction may be sought to prevent a parent from attempting to change a child's name unilaterally (i.e. without the consent of the other parent).

When a mother has remarried after divorce or is living with another person, and wishes to change the name of the child to that of her new partner, a court order must be obtained if the other parent refuses to give consent, and the welfare of the child will be the first and paramount consideration.

Unlike the law today, it used to be that a Christian name (i.e. the name given at baptism) could only be changed under ecclesiastical law by the bishop on that person's subsequent confirmation. However, the case of Re Parrott, Cox v Parrott [1946] Ch 183, [1946] 1 All ER 321 provides that a Christian name can be changed if the following words are inserted therein 'Notwithstanding the decision of Mr Justice Vaisey in the case of Re Parrott's Will Trust, Cox v Parrott, the applicant desires the enrolment to proceed."

Special Note:

The summary provided above is explained in much more detail below.

 

The legal definition of the word 'Surname'

A surname is a family name.

Upon marriage a wife is entitled to take her husband's surname (and title or rank) and to continue using it after his death or divorce (unless she uses it for fraudulent purposes), although she is not obliged to do so. A legitimate child, by custom, takes the name of his father and an illegitimate child that of his mother (although the father's name may be entered on the birth registration if both parents agree or an affiliation order names the man as the putative father).

Upon adoption, the child automatically takes the name of his adoptive parents.

Special Note:

The summary provided above is explained in much more detail below.

 

Changing a name by Deed Poll

A Deed of Change of Name is a legal document which enables a single person or a family to officially change his, her or their name and is bound to that contract. It is a type of Deed Poll and in informal usage is it usually referred to simply as a Deed Poll.

A Deed Poll is a legal document binding only to a single person or several persons acting jointly to express an active intention. It has been said that a Deed Poll is a form of contract; however, the law of contract provides that, in order to enter into a contract, there must be two persons whereby one person will do something in exchange for the other persons promise.

It can therefore be said that a Deed Poll is strictly speaking not a contract because it generally binds only one party and expresses an intention (i.e. an intention to change a name) instead of a promise (i.e. a promise to change a name in exchange for something else).

The term "deed", also known in this context as a "specialty", is common to signed written agreements not supported by consideration: the seal (even if not a literal wax seal but only a notional one referred to by the execution formula, "signed, sealed and delivered", or even merely "executed as a deed") is deemed to be the consideration necessary to support the contract between the parties to the deed.

 "Poll" is an archaic legal term referring to documents with straight edges; these distinguished a deed binding only one person from one affecting more than a single person (an "indenture", so named during the time when such agreements would be written out repeatedly on a single sheet, then irregularly torn or "indented" so that each party had a document with corresponding tears, so as to discourage forgery).

 

Changing a surname by Royal Licence

Upon the advice of the Home Secretary, the Head of State (currently the Queen), at his/her discretion, may grant a licence permitting a subject to change their name.

 

Changing a surname by Act of Parliament

Through the use of a Private Bill, although extremely rare, it is possible to change a surname upon the enactment of an Act of Parliament. The cost of a private bill is excessively expensive. However, in this way, you could, for example, change a forename given at a Christian ceremony.

 

Birth Certificates

In the UK, a Deed of Change of Name will not change the name on the person's certificate of birth. For example, when applying for a driving licence/passport, both the certificate and the Deed would need to be presented as evidence of the applicants identity.

 

What names can be used?

As you will appreciate, the Central Office of the High Court would be reluctant to enrol a Deed Poll that bears a name which could be construed as being:

  • Illegible (cannot be pronounced)
  • One which includes numbers, for example, John1233456789
  • Offensive or blasphemous
  • A royal title or honour

The Legal Deed Service would also be reluctant to issue a Deed Poll if any of the above applies.

 

The law in the United Kingdom

In the United Kingdom the Law provides that you are free to change your name without using a Deed Poll - you simply start calling yourself by your new name. However, all UK Government departments, including the Home Office Identity & Passport Service, HM Revenue & Customs, the Department for Work & Pensions and the Driving and Vehicle Licensing Authority, will not acknowledge a change of name unless presented with a declaration in the form of a Deed Poll.

Similarly, most private organizations and companies in the UK, including your bank, will not allow you to change your name on the records that they hold without you first presenting them with a legal declaration in the form of a Deed Poll.

 

Explanation of the term: 'Common Law'

As in most jurisdictions, the law regulating our society is made up of a combination of the legislation passed in the form of an Act of Parliament and the common law formed by the judges based on the cases that they hear.

 

Enrolment of a Deed Poll in the Central Office of the High Court

The law in the England & Wales does not stipulate that you must enrol a Deed, however, such a deed may be registered in the Central Office of the High Court. Deeds so registered are advertised in the London Gazette. The registration of deeds is regulated by the Enrolment of Deeds (Change of Name) Regulations 1994, Statutory Instrument 1994 No. 604.

If you wish to enrol a Deed, the Royal Courts of Justice will charge you as follows:

  • Court Enrolment Fee £10.00
  • Advertisement Charge £52.88
  • Copy of London Gazette £1.55

The Central Office of the High Court will not write a Deed Poll for you - they simply enrol it. You must write your own Deed Poll or enlist the services of a Solicitor or Deed Poll Specialist.

To evidence that the Deed Poll has been signed you may register it with the College of Arms.

The Deed Poll must be signed in the person's old and new surname. A person is not permitted to sign the Deed Poll on behalf of the person changing their name.

There are certain regulations to which an adult must adhere when enrolling a Deed with the Court; moreover, special regulations also apply if the application for enrolment is made on behalf of the child.

You cannot apply to enrol a Deed Poll unless you are a Common Wealth citizen. The UK is a member of the Common Wealth whereas Ireland is not.

If the applicant is assuming the surname of a cohabitee, the applicant must supply the Court with details about whether the person has a spouse; whether that person is divorced or separated from that spouse; where the spouse is living; whether the person or the applicant has any children either by their respective marriages or with their relationship; if their are any children, where applicable, with whom the children reside.

The applicant must obtain a sworn statement made by a person with whom the applicant has been acquainted for period of not less than 10years. The sworn statement must confirm the identity of the applicant, moreover, the statement must be sworn by a person who is a Commonwealth citizen and a householder living in the UK.

Upon making the application, the applicant is required to submit a draft copy of an advertisement to include details of the Deed Poll to London Gazette. Upon enrolment, the Court Clerk will publish the advertisement.

The Court will only acknowledge names where the name is legible; moreover, the Court will refuse to change a name if the reason for the name is to cause confusion or mischief.

Special Note:           

 For the purposes of clarification, YOU DO NOT need to enrol or register a Deed Poll anywhere in the United Kingdom. The Legal Deed Service is a Deed Poll Specialist.

 

Can I change a forename?

A person who is given a forename upon Baptism is not permitted to change their forename; however, if the forename is not given upon Baptism, the forename may be changed. The case of Re Parrott, Cox v Parrott [1946] Ch 183, [1946] 1 All ER 321 found that a forename given upon Baptism cannot be lawfully changed as a baptismal name is, at least in theory, given by God.

Evidence of the change may be provided in the form of a Deed Poll which can, if the person wishes, be enrolled in the Central Office of the High Court. If such an application is submitted, it must be signed by the applicant or the applicants Solicitor and the following words must be inserted therein "'Notwithstanding the decision of Mr Justice Vaisey in the case of Re Parrott's Will Trust, Cox v Parrott, the applicant desires the enrolment to proceed."

The exact legal position pertaining to the change of a forename is not entirely clear. The actual legal position is such that the new forename will be treated as part of the surname.

Upon adoption of a child the child's name is usually changed, however, the exact legal position pertaining to the right to change the child's name, even in the circumstances of adoption, is again not clear.

Special Note:         

For the purposes of clarification, YOU CAN change your forename using a Deed Poll from The Legal Deed Service.

 

Foreigners (Alien)

The use of the word alien has a specific legal meaning - a person who, under the law of a particular state, is not a citizen of that state, but who is a resident alien.

The law deems any person who is not a Common Wealth Citizen, a citizen of the Republic of Ireland or a British Protected Person, an alien.

The law provides that an alien is free to change their name. However, an alien cannot enrol a Deed in the Central Office of the High Court of Justice.

 

Adults & Marriage

It is a common custom for the female to adopt the males surname upon marriage; however, there is nothing to prevent the male from adopting the female's surname. In addition, the law does not specify that a person must adopt a married name - the male and female may simply continue with their pre-marital names.

In the event of separation, the female can immediately change her name and title by Deed Poll. If the male and female subsequently divorce, the female is free to revert to her maiden name. In order to do this, the female must provide a copy of her marriage certificate and decree absolute to the organizations with which she wishes to change her surname, thus a Deed Poll may not be needed.

If the male and female subsequently separate but do not divorce, the female would need to use a Deed Poll to revert back to her maiden name and former title e.g. Mrs. to Ms.

Special Note:           

Unless one of the existing surnames is adopted upon the marriage, the Legal Deed Service presumes that most couples will decide to adopt (a) a hyphenated surname, or (b), an entirely new name. This can be done by using a Deed Poll.

 

Adults & Civil Partnerships

The law pertaining to the changing of surnames upon civil partnership does not stipulate that either surname must be changed.

Special Note:           

Unless one of the existing surnames is adopted, the Legal Deed Service presumes that most couples will decide to adopt (a) a hyphenated surname, or (b), an entirely new name. This can be done by using a Deed Poll.

 

The legal definition of 'Parental Responsibility'

All the rights, duties, powers and responsibilities that by law a parent of a child has in relation to the child and his or her property. The concept was introduced by the Children Act 1989, replacing custody. Parental responsibility is automatically conferred on both parents if married, and on the mother alone if not. An unmarried father will automatically have parental responsibility for any child born after 2003, in respect of whom he is registered as father on the birth certificate.

Otherwise, an unmarried father can acquire parental responsibility either by agreement with the mother or by applying to the court for a parental responsibility order. Both parents retain parental responsibility on divorce. Other persons may acquire parental responsibility upon being granted other orders. For example, anyone in whose favour a residence order is made acquires parental responsibility for the duration of that order, and a care order or an emergency protection order confer parental responsibility on the relevant local authority.

In all these cases, parental responsibility is shared with the parents.

 

Children & Deed Polls

A child's parents retain certain rights regarding the use of names for their child. The law provides that the father is the child's natural guardian and the power to change the child's surname is left to his discretion. However, if the child's parents are not married upon the birth of the child, the right to change the child's name is retained by the mother as in such circumstances the law only recognizes the mother as having natural guardianship.

If the married parents are now separated the child's name can only be changed if both parents provide their consent. Only those with parental responsibility can provide the necessary consent to facilitate a change of name for a child under the age of 16.

If a person, who retains parental responsibility for a child, decides to change the child's name without first obtaining the consent of all those persons who retain parental responsibility thereof, the other person may apply to the court in order to obtain an order to deem the change of name both null and void.

Special Note:         

For the purposes of clarification, YOU CAN change your child's name using a Deed Poll from The Legal Deed Service. Please go to the Children's Application page to read a simplified explanation of exactly what you need to do.

 

Children & Residence Orders

Unless the court grants permission, a child's name cannot be changed if there is a residence order in place. If a person, who does not retain parental responsibility for a child, is awarded a residence order - parental responsibility will automatically be conferred on the person to whom the residence order was granted.

 

Children - Divorce & Separation

The issue of the child's surname is often brought into question when parents divorce. More often than not, in such circumstances, a plethora of difficulties are encountered pertaining to the surname that the child will use. It is common in most circumstances for the child, upon the separation of his parents, to live with his mother.

The child's mother may subsequently remarry and thus take the surname of her new partner; moreover, the mother may decide to revert to her maiden name. Consequently, the child will have a different surname to the mother and which may also be different to surname of the  family into which the mother has married.

The history surrounding the unfortunate demise of the child's parents' relationship highlights that the child is the subject of embarrassment with regards to the different surnames. It is important to note that it would be difficult to find a Judge who would agree to a father's surname being taken away from a child - as by continuing to use the fathers surname, the child will retain links with his biological family.

Our suggestion:      

Use a Deed Poll to hyphenate the child's surname, for example, Charles Brown would become Charles Brown-Windsor.

Special Note:         

For the purposes of clarification, YOU CAN change your child's name using a Deed Poll from The Legal Deed Service.

 

Children & Marriage

The Registrar of Births requires that the name given to a child is the name that the child will be known by, and which the child will use in all dealings and transactions.  If the parents are not married at the time of the birth, they can only register the fathers' surname, on the Birth Certificate, if they both attend the Registrar's Office at the same time.

If the parents subsequently marry within three months post the birth of their child, they can request that the Registrar to initiate re-registration proceedings. Only if the Registrar gives his consent can the initial registration be amended.

 

Children & Adoption

In circumstances where the child has been adopted the Court can direct the Registrar to make an entry in the Adopted Children Register, thus recording the adoption and simultaneously the name by which the child will be known. The court has the power to make amendments to this register within twelve-months from the date of the initial entry.

Special Note:           

A Deed Poll is not normally required unless the entire family chooses a new name.

 

Enrolling a child's Deed Poll

Parents who wish to enrol a child's change of name must first satisfy certain procedures.

A child includes any person who has not yet attained the age of 18yrs. Thus, the parent/guardian must sign the Deed Poll on the child's behalf. If the child is aged 16 to 18 s/he may sign their own Deed Poll.

A sworn statement made by a UK resident must accompany any application to enrol the Deed.  Such a statement must clearly state how long the statement maker has known the child and the parent(s)/guardian thereof.

In addition to a sworn statement mentioned above, the application must also contain a further sworn statement which should detail how the change of name will benefit the child. The application should be submitted by both parents; however, if one parent refuses to give their consent, the other parent should include the reasons for this.

If the application is submitted by a lone-parent who has been granted a residence order, the consent of the other parent is required in the form of a signed statement. If a signed statement from the other parent is not submitted, the application will be refused unless a court has already exercised its power to permit the child's name to be changed. If, however, the court decides that the application is in the child's best interests, the court will allow the enrolment to proceed.

Where there is no residence order in place, if just one parent submits the application to enrol the deed, the consent of the other parent will also be required unless there is evidence to suggest that the other parent is deceased. If the other parent is not residing in the United Kingdom or s/he cannot be found despite a thorough search, the court will allow the Deed Poll to be enrolled.

However, the matter may be referred by the Court to Master of the Rolls if the court airs any doubts about the application. In such circumstances the application may then be referred to the Official Solicitor who will launch an investigation.

Special Note:                       

You DO NOT need to register or enrol a child's Deed Poll anywhere.

This page was last updated: 3rd July 2009.

 

 

                        

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