Change of childs surname

[mattyn1]

Can I please have some legal guidance?
The situation:
Me & the Mrs were married last month. She has a daughter from a previous and the father is nowhere to be seen, we do not even know if he is in this country, alive, or whatever. Mrs has never had contact or any maintenance or Child support payment in the seven years since her daughter was born. Father has never seen daughter. Father's name is not on the birth certificate, which was registered in England in 2007.
Daughter had Mrs maiden name previously.
I have obviously assumed the role of father. Mrs has taken my surname post the wedding, and we have unofficially changed daughters surname with her school.

The question:
How do we officially change daughter surname? I understand it to be a Deed Poll or Statutory Declaration but am confused whether we need consent from the father, mainly by viewing this website:
http://www.deedpoll.org.uk/CanIChangeMyChildsName....

This option though costs only £10 - http://www.deed-poll-name-change.co.uk/process.php

We have sought advise from the local Registrars Office who pointed us in the direction of the Stat Dec - but we just want to make sure we get it right, but if we can avoid paying a fortune.

Cheers all!

Edited by mattyn1 on Thursday 26th June 22:28

[GCH]

Cant help you with the legal technicalities re: consent, but just to mention that deedpoll.org.uk are very good, and you should have no problems with any institution when using their supplied paperwork for the formalities of getting documents changed.
You don't actually need to pay anyone for a deed poll- a home made signed, dated, and witnessed statutory declaration is all you legally need- but some places like to see actual official looking paperwork, hence paying a few quid for a nice neat piece of paper with an official looking stamp.
£35 is a small price to pay for the significantly reduced hassle.

[Martin4x4]

Changing naming is different from undertaking parental responsibility.

You will need to adopt the step daughter to achieve that.

https://www.gov.uk/child-adoption/adopting-a-stepc...

Edited by Martin4x4 on Saturday 28th June 11:07

[PurpleMoonlight]

I believe that only people with Parental Responsibility need to agree to the change of surname. As the father does not have this you do not need his agreement.

[bridgdav]

Name change only or adoption..?

http://raydensolicitors.co.uk/blog/practical-tips/...

[s2sol]

I'm the father of a child who recently had a change of surname. I'm in regular contact with the child, and all is amicable with my ex. She and her new husband saw a solicitor to complete the formalities. The solicitor wrote to me to ask me to confirm in writing that I had no objections. I did a little research and came to the conclusion that there was no legal need for my consent. Sadly, I can't remember where I found that out. I'll have a look around.

As in the OP's case, the child had had his mother's surname from birth, and I had no reason to wish to stop the change of surname. I also suspect, as I say, that I would have had no legal justification to do so.

My ex and I had talked prior to the solicitor writing to me, so it wasn't a bolt from the blue.

Edit: found it. I don't have PR, and it appears that PR doesn't apply in the OP's case: http://www.deedpoll.org.uk/CanIChangeMyChildsName....

I can't do links, I'm a 'tard.

Edited by s2sol on Friday 27th June 06:50

[Dave Hedgehog]

I changed my name a few years back

YOU DO NOT NEED TO PAY TO DO IT!!!

There is no official or government backed process that has to be paid for, no official certificates and there is no central register etc and you do not need a solictor

i believe some CABs do them for free as well

http://www.freedeedpoll.co.uk/

Edited by Dave Hedgehog on Friday 27th June 07:13

[mattyn1]

bridgdav said:

Name change only or adoption..?

http://raydensolicitors.co.uk/blog/practical-tips/...

We have considered adoption, but the father is a pretty unsavoury kind of chap (allegedly drugs, drink etc). With that and the fact he has not been around for her entire life we do not want to risk bringing him back into her life at this early stage. When she is older, and understands more, I will help her find him, but not now.

So it is name change. I have seen conflicting requirements about whether the father needs to give consent, and is the first reason for this thread.
The second is trying to avoid a scam "name change" site - making sure we use the correct one, or at least one that won't prove problematic later in her life. (or even when we apply for her passport to be changed!).

Thanks for the replies so far. Very interested in the routes other people have taken.

[Plotloss]

If your wife was married to this chap at the time the child was born then he has PR and you will need his consent to change the name.

If not, he doesn't and you don't.

[mattyn1]

Plotloss said:

If your wife was married to this chap at the time the child was born then he has PR and you will need his consent to change the name.

If not, he doesn't and you don't.

I have seen that in various places - however this contradicts, and has hence caused the confusion/doubt.

http://www.deed-poll-name-change.co.uk/faqs-fequen...

See the Q "Can I change my Child's name?"

FAQ said:

Q. Can I change my child's name?

A. If you have sole parental responsibility for a child you can. If your child was born before 1st December 2003 and you are the only person named on the birth certificate, yes you can. For children born after 1st December 2003 you must have the other parents consent as from this date even if parents are not married, they receive joint parental responsibility automatically. If the other parent refuses or is un-contactable then you must get an order from the Court. Please note that we do not deal with any Court applications but we merely deal with drafting name change documentation.

[PurpleMoonlight]

An unmarried father must be named on the birth certificate to have automatic PR, even after 2003.

Pre 2003 he didn't automatically have it even if named.

[mattyn1]

They were not married and he is not on the BC. We should be ok with one of these £10 Stat Dec then I assume?

I can't find my way round the "free" one mentioned earlier!

[pork911]

Not having a dig at OP but generally where change child's name and say move from home town and no real family there who father might approach etc, what difficulties might a name change pose to a father trying to trace his child?

[mattyn1]

pork911 said:

Not having a dig at OP but generally where change child's name and say move from home town and no real family there who father might approach etc, what difficulties might a name change pose to a father trying to trace his child?

The ethics of that issues are surely down to the reasons the father is trying to trace, or rather why he was estranged in the first place. In my particular case for reasons other than those I have mentioned the more untraceble she is the better.

Thank you for the replies. All done now. I can see why it doesn't need to cost.

[mattyn1]

pork911 said:

Not having a dig at OP but generally where change child's name and say move from home town and no real family there who father might approach etc, what difficulties might a name change pose to a father trying to trace his child?

The ethics of that issues are surely down to the reasons the father is trying to trace, or rather why he was estranged in the first place. In my particular case for reasons other than those I have mentioned the more untraceble she is the better.

Thank you for the replies. All done now. I can see why it doesn't need to cost.

[Dave Hedgehog]

mattyn1 said:

They were not married and he is not on the BC. We should be ok with one of these £10 Stat Dec then I assume?

I can't find my way round the "free" one mentioned earlier!

you just have to print out the standard template and fill it in / sign it

http://freedeedpoll.co.uk/free-deed-poll.cfm


or this

THIS CHANGE OF NAME DEED made this day day of month year
BY me the undersigned new name in full of address excluding county and postcode in the County of county now or lately known as old name in full a British citizen under section 37(1) of the British Nationality Act 1981
WITNESSES AND IT IS HEREBY DECLARED as follows:-
1. I absolutely and entirely renounce relinquish and abandon the use of my said former name of old name in full and assume adopt and determine to take and use from the date hereof the name of new name in full in substitution for my former name of old name in full,
2. I shall at all times hereafter in all records deeds documents and other writings and in all actions and proceedings as well as in all dealings and transactions and on all occasions whatsoever use and subscribe the said name of new name in full as my name in subsitution for my former name of old name in full so relinquished as aforesaid to the intent that I may hereafter be called known or distinguished not by the former name of old name in full but by new name in full only,
3. I authorise and require all persons at all times to designate describe and address me by the adopted name of new name in full.
IN WITNESS whereof I have hereunto subscribed my adopted and substituted name of new name in full and also my said former name of old name in full and have affixed my seal the day and year first above written.
SIGNED SEALED AND DELIVERED
by the above-named
new name in full new signature
........................................

formerly known as
old name in full old signature
........................................

in the presence of

first witness's signature
........................................
first witness's
name and address


second witness's signature
........................................
second witness's
name and address






and you only need 1 witness

Edited by Dave Hedgehog on Saturday 28th June 09:10