Do i need DS fathers permission to change his surname?

astonsmummy

Hi
I have a 2 year old son and his dad hasnt been in his life, he's seen him about 5 tines and the last time was july 2005,
He is on the birth certificate and DS has his surname but i wanted to change it, do i need his dads permission?? I havent got a clue where he is or where to find him.

TIA xx

tazzababe

As his name is on the birth certificate, he has parental rights so think you may have to ask for permission- not sure though. You could check with CAB or phone your local family law solicitor- I have found them quite helpful in the past. .

sarymclary

Hi,

Here's the information on the Government website :

Changing a person's forename(s) and/or surname who is at least two years of age:
For persons aged two years and over, providing documentary evidence [What is documentary evidence] that a different name has been used for at least two years, an application can be made to change of forename(s) and/or surname recorded in the birth register. For a person under 16 years of age, the application must be signed by everyone with parental responsibility. In the subsequent issue of a birth certificate the original forename(s) and surname are shown in addition to the new names. By changing your name by Deed Poll, you will be able to get your documents and records changed to your new name for subsequent use as documentary evidence that you have used your new name for the two year period.

Looks to me that you'll have to have your ex's written permission for this. I'm sure a local registrar won't accept that he's vanished off the face of the earth (a possible search of the electoral register may trace him if need be).

I'll second guess that you'd rather not have to contact him. In that case, I think you'd be better off just changing your son's name on any documentation that you fill in from now on, and stick with that.

My boyfriend's eldest son had his name changed by his mother (unofficially) at the age of 2, even though his dad has seen him twice a week ever since they split up. He's never been known by his biological dad's name at school, the dentist, etc. You could keep things like this until a couple of years have passed, you'd have documentation to back up the fact that he's been living under his new name, and maybe you could apply then. Otherwise, you'll have to look at going for deed poll when he's 16, and makes the choice for himself.

Here's the link to the website for you to browse:
http://www.ukdps.co.uk/CanABirthCertificateBeChanged.html

Hope that's helped you a bit.

ariba10

Any adult can change their surname and you do not have to see a solicitor to do it.

All you have to do is say that you wish to be known as *********** and from then on that is your name.

(But it must not be done for any ilegal purpose.)

astonsmummy

sorry to sound thick, so does that mean i can just inform doctors, nursery, schools that his surname is different without any proof?

He wouldnt be easily traced as he has changed his name at least 2 times since we split up, i probably would be able to find one of his sisters i guess, i'll try and do that.

Becles

If you were married you do need permission from the birth father. I think you do if you were not married but the father is on the birth cert, but I'm not sure on that.

My two rarely see their birth father (his choice). I've married again and they really want to change their surnames to their Dad's name, but their birth father refuses to allow it. It's unfair especially as they are 9 and 7 so they undertsand everything, but their wishes cannot be taken into consideration.

My husbands father ran off when his Mam was pregnant with him, and has never seen him at all. She just changed his name to her maiden name and used it for school, doctors etc. Anything that needed official proof like passports had to wait until he was 16, when he got a solicitors letter to say his birth certificate said xxx buy he'd been known as yyy for years.

BungleGirl

Hi,

You can just inform schools/doctors etc.

My daughter had both my surname and her fathers (bouble barrelled). I split with her father and he still sees her and is a great dad but I felt that as her surname was rather unusual and her first name is unusual that at school I wanted to drop her fathers last name.

She has been at two schools and both are fine to have a 'known as' which is on her school bag/books/peg/letters etc. The LEA wouldn't allow me to do this so they have her down with her full name. The doctors have a short form to fill out (change of address type form). Haven't managed to find a dentist that is taking new patients but I guess they would be the same.

As a child my mother and birth father split up when I was a tiny baby - I remember a conversation when I was about five where my mum and her second husband (as far as I'm concerned he IS my dad) askedif i wanted to keep my name or take my 'step-dads'. Everything was changed over at doctors/schools etc. I remember it was a bit tricky when I needed a passport but my parents sent of old school reports, letter from doctor etc. to show that I had been known by my new name for a certain period of time. My birth certificate still has my original name on it and the only thing that concerns me about it all is if I get married I want the name I use now on my marriage cerificate and I want that used in the service - I don't know whether I will need to change my name by deed poll for that. (If anyone knows about this let me know!). I would be devestated if I couldn't as as far as I'm concerned my 'step-dad' WAS my real dad as he was there for me and loved my unconditionally until he died five years ago.

Rambling now...:o

MonkeySaving?

From the Deed Poll Site:

3.1 Acquisition of parental responsibility at birth, upon marriage of the parents and upon registration of the birth
Throughout the United Kingdom, a mother automatically acquires parental responsibility at birth. However, the acquisition of parental responsibility by fathers varies according to where the child resides:

* For a child residing in England or Wales
If the mother was married to the father when their child was born, or if the mother married the father at any time subsequent to the birth, the father also has parental responsibility. Please note, for births registered from 1st December 2003, an unmarried father automatically acquires parental responsibility if he is recorded as the child's father on the birth certificate.
* For a child residing in Scotland
If the mother was married to the father when their child was conceived, or if the mother married the father at any time subsequent to conception, the father also has parental responsibility.
* For a child residing in Northern Ireland
If the mother was married to the father when their child was born, the father also has parental responsibility. Please note, for births registered from 15th April 2002, an unmarried father automatically acquires parental responsibility if he is recorded as the child's father on the birth certificate.
* For a child residing outside the United Kingdom
The laws of the UK country of birth apply.

http://www.ukdps.co.uk/CanIChangeMyChildrensNames.html

So yes, you will need his permission.

As a side, if you can't find him then you will need to ask your solicitor to carry out a "trace". These normally cost between £130-£170 depending on the solicitor

nej

We got a solicitor to draft a Statutory Declaration, that basically said that from now on DD will be known as xxxx instead. It only cost about £20 or something.

She now has my surname (she's my step-daughter) at school, at the doctors, etc.

Whenever we have to provide proof, (like when we opened her savings account), we sent off the birth certificate and the Statutory Declaration.

We haven't yet renewed her passport with it (we have actually renewed it during this period but left it very late and didn't want anything to complicate it! 3 of us went away with 3 different surnames as my wife's is still in her maiden name!) but I don't think it'll be a problem.