Genealogy Chat

What is the law about changing a child's surname without the father's permission being granted? Someone I know was married to the mother of his child and they all shared the same surname. The couple divorced and the father pays CSA for his son but he has noticed on a CSA doc that the child's surname has reverted to the mother's original maiden name. Is that allowed? Sorry this doesn't really relate to the board at present but it could do a few years down the line. Aileenx

Aileen Not sure about the legality or otherwise. I did know a woman who divorced her first husband. Her daughter by this marriage was legally surname of 1st husband but had 'known as' and 2nd husband's surname on her school records. I also know other children who have taken their stepfathers' surname for convenience purposes, although legally they are still with their real father's surname. nell

some years ago my EX wife tried to change the name of my son and i was asked to sign to allow this, He still has my name and is happy with that, Nothing worse than a woman scorned, as they say? Roy

Yeah I'm interested in this too. Would like to know. My uncle can't find his first born son. I would really like to find his son for him it would make him the happiest he has ever been. My uncle wasn't married to the mother. Steve

Believe mother cannot change childs name legally without husband's consent - however don't think there is anything to stop a child being known by another name at school etc. Don't think there is any laws preventing anyone calling themselves anything as long as fraud isn't involved.

Aileen It might depend on which parent has custody of the child. I think you can use any name you like as long as you are consistent and don't do it for fraudulent purposes. If I chose to change my children's names, I think I just need to inform everyone that from now on they would be Fred Bloggs and Joe Bloggs that's OK. nell

Thanks Nell, I sort of had a feeling that schools have 'known as' records as a friend's daughter took her new stepfather's name temporarily before being legally adopted by him. This other case however has got me thinking though. I may not have been given all the true facts as it was the grandmother of the child who told me about it and she may have made a mistake here or there- maybe the doc actually had 'known as' on it? She hasn't seen her grandchild for 5 years and she's pretty sad about the whole thing. Aileenx

Thank you for your replies. I didn't realise everyone else had written as I was busy replying to Nell's first message- sorry it looks like I'd ignored the rest of you but I honestly hadn't. I'm just a slow typer!! LOL Aileenx

Gosh Sherlock that was cheap. When my friend changed her name 6 years ago it cost about £50 throught the solicitor, Aileen

But you don't have to pay anything! You can just decide to have a new name, as long as you stick to it. Of course there are also lots of women who use their maiden name professionally and their married name socially. But if you do change it by deed poll it is easier for people to trace you later on. nell

Aileen I had a daughter by my first marriage, she had her fathers name, as we was married. We split, and I became pregant by my partner. As i wanted the children to have the same surname I applied to have her name changed to my partners. However I could not change her surname as her father is named on the birth certificate. He refused to let me change it to my partners name, and i was wadvised not to fight him, because as my partner and I weren't amrried it wasn't classed as a permanent relationship. So we agreed a compromise and changed it to my maiden name, I also deed polled mine at the same time. When the baby was born ( well twins actually) they was registered in my maiden name. As was a my youngest three yrs later. However when my partner and I married in 2002 we re-registered all three boys birth entries, as we had legitimised their birth by marrying. I also saw a solicitor to change daughter name. However thing between her father and myself have calmed a bit. And this time he agreed to the change, so instead of fighting we simply deed polled her again!!! we both had to sign the document. It is my understanding that if the father is named on the childs birth certificate, whether the parents are married or not, he has the right to conest any name changes of the child. This is certainly what I was told in 1995 when twins born and again in2002 when i asked again about changing her name. But if the child is simply AKA I don't know how this appiles.

evening everyone i work in a law office and deal with change of name deeds these are a simple document noting that you are changing your surname - change of christian names are a whole different matter adult ones dont have to be 'sworn' but just signed by the person involved in front of an independant and unrelated person with regard to children so far as i understand it permission has to be asked if the parents were married at any time, i am not sure about if they were unmarried but the father is named on the certificate, if anyone is interested please email me and i will double check the position when i get to work tomorrow and email you back. just as aside, it may be that the mother has just decided to call the child by the new surname without having done it officially Hevi ps in respect of the £5 swear fee - hey we have to have some perks!