Changing a Child's Surname:
The Consent Requirements

Changing the surname of a minor (anyone under the age of 18) is a significant legal step. Unlike an adult name change, a child's Deed Poll cannot be executed unilaterally if other individuals hold Parental Responsibility (PR).

1. Who has Parental Responsibility?

PR is a legal status that gives a parent the right to make important decisions about a child's life, including their name.

• The Mother: Automatically has PR from birth.
• The Father: Has PR if he was married to the mother at the time of birth, or if he is named on the birth certificate (for births registered after Dec 2003 in England/Wales or May 2006 in Scotland).
• Others: PR can also be granted to step-parents or guardians via a court order or PR agreement.

2. How to Provide Consent

When you order a Child Deed Poll from Prime Deed Polls, the document is drafted to include a section for all PR holders to sign. If they cannot all be present at once, we can provide a separate Letter of Consent template.

HM Passport Office will require the original Deed Poll AND evidence of consent from all parties before they will issue a new passport in the child's new name.

3. What if a Parent Refuses?

If a person with PR refuses to consent to the name change, you cannot use a Deed Poll. In this situation, your only legal path is to apply for a Specific Issue Order from a Family Court.

The court will make a decision based solely on the "welfare of the child." If the court grants the order, it replaces the need for the other parent's signature on the Deed Poll.

4. Children Aged 16 and 17

In the UK, once a child reaches 16, they are often treated as adults for the purpose of a name change. In most cases, a 16 or 17-year-old can change their own name by Deed Poll without parental consent, unless there is an existing court order forbidding it.