Changing childs name in Scotland ?!!

Shiloe

I have a not so quick question my cousin had a little girl around 2 years ago with her now ex boyfriend. They were never married, never lived together and were only together for just over a year [a happy 'surprise ].

Anyways the "father" [if you can call him that] started to abuse alcohol and drugs in the latter stage of her pregnancy, he had these issues before but it was not know to her until she was around 6 months gone. They broke up 2 weeks after the baby was born after he got physically violent towards her [sadly this wasnt reported to the police].

He has seen her around 6 times since the birth last time being in January. He is a very absent father and she has tried and tried to get him to see her. She has texted him, phoned him, phoned his family, arranged to meet up with him for him to see the baby only to have him cancel or turn up hours late. She now wants to change the babys surname to her own surname as she has realised he will never be around for her. Baby was born and lives in Scotland as I know English rules are different ... could anyone shed some light on what forms/steps she will need to take.

Other info that may be useful he has never financially contributed to the baby. He isnt from the UK [his mother was so 'apparently' hes entitled to a British passport but unsure if this is true]. He has no NINO, no job and has moved since when she knew him - whereabouts unknown ... BOTH her and him have names on birth certificate so both legally have parental responsibility.

Any help would be very much appreciated and please dont judge she works full time, has gone to all lengths to arrange plans for him to see the baby and just wants her little girl to have the same surname as her. Thanks for any help

MarilynMonroe_2

Is the dad named on the birth certificate?

I think you would have to go via deed poll and with his consent if he's named as the father.

Shiloe

Yes he is however his whereabouts is unknown for all she knows hes gone back abroad so she cant even contact him to ask his consent

MarilynMonroe_2

The child could use their mums name informally - like at school, but not on anything official.
My neice used a name at school then when she was 18 got it changed legally by deed poll.

Shiloe

She always uses her surname when doing anything with her little girl however still gets letters [doctors etc] addressed to his surname. She has thought about this for a while now and really wants to legally officially have her under her surname.

Emmzi

you don't need to pay for a deed in Scotland. Registration is cheaper. Depends on PR.

http://www.gro-scotland.gov.uk/regscot/change-of-name.html

ETA it does say his PR must have been removed by court order. So yeah.. bit stuffed, sorry.

adamantine

im in scotland and was married when i had my children so obv they have their "fathers" surname. he hasnt seen them in almost 3 years.

i changed everything to my surname unofficially ie the schools, doctors, dentist etc.. but i cannot have their bank accounts with their proper surname (my surname) without his consent to legally change it. i know he wont give it coz he likes to be difficult and they only know being referred to with my surname.

im hoping to get everything done legally when i FINALLY get my divorce next year but im not holding out too much hope coz ive been trying to divorce him for nearly 2 years!

the only thing she can do is change it unofficially and use the known as or also known as on the forms then when the girl is old enough she can change it herself legally.

princessdreamer

Legal change can be done at 16 or before without the fathers consent if his whereabouts are unknown and you can prove you have made reasonable attempts to track him down, or if there was recorded violence which means it is unsafe for you to contact him.