Changing a Child's Surname in Family Court: A Guide for Parents in England and Wales

Written by Aspen Family Law, February 2025.

A child's surname is more than just a label; it's a fundamental part of their identity, heritage, and connection to their family. In England and Wales, changing a child's surname is a significant decision that requires careful consideration and, often, the permission of the family court. This article explores the legal framework, the factors courts consider, and provides examples of cases where name changes have been allowed, or a double-barrelled surname was deemed appropriate.

The legal framework for changing a Child's Surname

In England and Wales, the law governing a child's name change is primarily rooted in the Children Act 1989.

* Parental Responsibility: If all individuals with parental responsibility for a child agree to a name change, the process can be relatively straightforward, typically formalised by a Change of Name Deed (often called a Deed Poll). Parental responsibility usually rests with both parents if they were married at the time of the child's birth, or if the father is named on the birth certificate (for births after 1st December 2003).

* Court Order: If there is a disagreement between those with parental responsibility, or if a child is subject to a court order (like a Child Arrangements Order), a parent wishing to change the child's surname must apply to the court for a Specific Issue Order under Section 8 of the Children Act 1989. The court's decision will always be based on the welfare of the child, which is the paramount consideration.

* Children Aged 16 and Over: A child aged 16 or over in England and Wales can legally change their own name by Deed Poll without needing parental consent or a court order. For children under 16, their wishes and feelings will be considered by the court, especially if they are deemed "Gillick competent" (mature enough to make their own decisions).

Reasons why Courts will or won't allow a name change

When considering an application to change a child's surname, the court will apply the welfare principle and consider a range of factors, often referred to as the "welfare checklist" from the Children Act 1989. Key considerations, as established in leading cases like Re W, Re A, Re B (Change of Name) [1999] EWCA Civ 2030 and Dawson v Wearmouth [1999] UKHL 18, include:

Reasons for allowing a name change:

* Child's Welfare and Identity: The primary factor. If the current surname is causing the child significant distress, confusion, or harm, a change may be considered beneficial for their emotional well-being and sense of identity.

* Strong Connection to a New Family Unit: Where a child lives with a parent who has remarried and has other children with a new surname, a change may be considered to foster a sense of belonging within the new family unit, particularly if the child has little or no contact with the other parent.

* Lack of Contact/Commitment from Other Parent: If the parent whose surname the child bears has been entirely absent, has shown no commitment to the child, or has had no contact for a significant period, the court may be more inclined to allow a change.

* Abuse or Harm: In cases where the child's current surname is linked to a parent who has perpetrated abuse or caused significant harm, changing the name can be seen as a protective measure and crucial for the child's recovery and future well-being.

* Child's Wishes and Feelings: For older and mature children, their consistent and well-reasoned wishes to change their name will carry significant weight.

* Cultural or Religious Reasons: While not always decisive, cultural or religious factors can be considered if they are genuinely in the child's best interests.

Reasons for refusing a name change:

* Preserving a Link to Both Parents: The court generally seeks to preserve a child's link to both parents, especially if the non-resident parent has parental responsibility and maintains regular contact. A surname is seen as an important symbol of this connection.

* Stability and Continuity: Courts are cautious about disrupting a child's sense of stability and continuity. If a child has been known by a particular surname for a long time, changing it could cause confusion or distress.

* Lack of Good Reason: Applications based purely on convenience (e.g., for school records or because the parents have separated) or to sever a link without compelling welfare reasons are unlikely to succeed.

* Punitive Intent: If the court perceives that the application to change the name is motivated by a desire to punish the other parent rather than genuinely serving the child's welfare, it will likely be refused.

* Registered Surname: The fact that a child was initially registered with a particular surname is a relevant consideration, though not decisive. Strong reasons are usually required to change a name from the father's surname if the child was so registered, particularly if the parents were married.

Case Examples: name change allowed

While each case is unique and depends on its specific facts, here are examples where courts have permitted a full surname change:

* B and C (Change of Names - Parental Responsibility - Evidence) (2017): In this High Court case, Mr Justice Cobb granted a mother permission to change both children's full names. The father had abducted the children to Iran in breach of court orders, and the mother and children were living in severe fear of further abduction. The judge concluded that the father's misconduct created an "exceptional situation" where the children's right to private life outweighed the father's rights, and changing their names was necessary for their safety and welfare, even if it "deliberately expunged traces of their father's familial line."

* Re BC (Child in Care: Change of Forename and Surname) [2024] EWHC 1639 (Fam): In this recent High Court case, Mr Justice Poole allowed a 15-year-old girl, BC, to change both her forename and surname despite opposition from the local authority and her mother. BC was a child in care who had suffered significant abuse from her father, and the judge made findings that her allegations were true. BC expressed a strong and settled wish to change her name, stating her current name was an "anchor" tying her to the man who had caused her immense trauma. The judge gave "considerable weight to the settled wishes of a mature, competent 15 year old who has good reason to wish to change both her names," finding it would provide psychological and emotional benefit and that refusing it would cause harm.

Case Examples: Double-Barrelled name allowed

In situations where a full name change might be too drastic, or where the court wishes to acknowledge the importance of both parents, a double-barrelled surname can be a common compromise. Lady Justice Hale (as she then was) in Re R (a Child) (Surname: Using Both Parents') [2001] EWCA Civ 1344 famously stated, "In my judgment, parents and courts should be much more prepared to contemplate the use of both surnames in an appropriate case, because that is to recognise the importance of both parents."

* Re R (a Child) (Surname: Using Both Parents') [2001] EWCA Civ 1344: While not a case where a double-barrelled name was imposed by the court, this judgment strongly encouraged the use of double-barrelled names as a way to acknowledge both parents' importance in a child's life, particularly where there is a dispute over a surname change. It highlights the court's readiness to consider this as a fair compromise.

* S, Re (Change of Surname: Child in Foster Care) [2021] EWFC B42: This "unusual" case involved a 9-year-old girl in foster care whose birth father, birth mother, guardian, and local authority all supported different surnames. The child had suffered significant harm and neglect. Her Honour Judge McKinnell decided that giving the child a double-barrelled surname, including her mother's name and her foster parent's name, was the most "future-proof" option. This allowed the child flexibility in how she used her name, maintained a maternal link, and acknowledged her current stable environment. This case demonstrates the court's creative approach to finding a solution that best serves the child's welfare, even in complex circumstances.

Conclusion

Changing a child's surname in England and Wales is a decision that the family court approaches with great care, always prioritising the child's welfare. While the court generally aims to preserve a child's connection to both parents, compelling reasons related to the child's well-being, safety, and identity can lead to a full name change. In other instances, a double-barrelled surname offers a balanced solution, acknowledging both parental links. Parents considering such a change, or those opposing one, should always seek specialist legal advice to understand the specific legal principles and how they apply to their unique family situation.