If you’ve recently been divorced, gone through a messy relationship, or had other family issues, you may wish to change your child’s surname. Ultimately, it is possible, but you should speak with your family lawyer or a legal advice expert before making any major decisions.
In this article I’m going to run through the complexities of changing a child’s surname, including looking at some of the common situations when it is and isn’t possible. This isn’t and shouldn’t be taken as legal advice, but it should help inform decisions about the topic.
Can I change my child’s surname?
Well, the short answer to this question is yes, you can change your child’s surname. In fact, you don’t even have to have the full consent of the other parent to do so – in some situations.
However, it’s a complicated topic, and every situation is different, which means that it’s important to understand the topic before you attempt to try and change your child’s surname.
Can I informally change my child’s surname?
Usually, the simplest option is to basically change your child’s surname informally. Rather than actually changing it on their birth certificate – which can be hard to do before they turn 18 – you can actually just start using a different name.
There generally won’t be any legal consequences associated with this, and a lot of people do it. But, it’s important to realise that if you go down this path your child’s legal name will still be the one shown on their birth certificate.
Can I formally change my child’s surname?
Changing your child’s legal surname on their birth certificate and other important documents is a little more complicated, but still well and truly possible. Basically, there are two ways to do this:
- By both parents coming to a mutual agreement and registering the change of name with the relevant government office.
- Alternatively, one parent can commence court proceedings against the other parent to attempt to have their child’s surname changed, even if both parents don’t agree on the change.
There are two exceptions to this rule though.
- If the other parent has passed away you will have full control over your child and their surname.
- If you have a court order that says that you have “Sole Parental Responsibility” then you will be able to change their name.
Why would I change my child’s surname?
Generally, the only reasons you would change your child’s surname are personal. If you’re the mother, and have split with the child’s father, you might want them to take your name. However, it’s important to realise that if the matter goes to court, you will need to have a good reason, otherwise your case will be thrown out.
Final word:
If you want to change your child’s name, the easiest thing to do is get the other parent to agree to the name change and register it. Otherwise, things can get difficult, and you might find yourself in court.
Speak to your local family lawyer for more information, and make sure that you consider your options carefully before making and decisions.
