Change of name Statute of declaration

devils_vixen

Hi all.

Sorry if this has been asked before or if I have posted in the wrong place.

I want to change my daughter's surname to match that of mine as she has been known all her life with that name.
I am due to go on holiday in July and I need to renew her passport but I want it with her new name.

I live in Scotland and wondered if anyone could shed some light in what a statute of declaration is and can I change her name using this method and what are the procedures/costs?

Thanks

GlynD

You should speak to the Registrar in your local council. They will advise you what needs to be done and how to go about it and what the fees for the registration are. A quick phone call possibly followed by a visit to the council offices is all it will take. They can take payments by telephone.

devils_vixen

Thanks. I have contacted the general registers of Scotland and the said it would cost £40 to register it and £15 for the birth certificate. I have never had to do anything like this before and I am unsure what the differences are between GRO, deed poll and the statute.

When I phoned the local office, the woman was about as helpful as a chocolate fire guard. She told me that I don't have to change the surname just for a passport but obviously the passport office have said different.

rosie-lee

Please speak to the citizens advice bureau before you pay anyone for anything, particularly as there are a lot of misconceptions about a change of name.

People happily hand over money to Internet companies and proudly present fancy pieces of paper without any thought that the only record of this is in a filing cabinet of the person who typed it up!

In England & Wales a 'change of name deed', which is accepted by the passport office can be completed by yourself. Free templates are available and rather than taking advice from a complete stranger (me), I think it is more reassuring to hear it from a trusted body like the citizens advice bureau.

I have absolutely no idea about Scotland but similarities are often found. Although I was surprised to hear that you could get a new birth certificate, in E&W unless the name has changed to that of the father/other parent, that does not happen. Unless lodged by the court in E&W, no official record is ever kept, so I would be inclined to go that route if I were in Scotland, particularly for a child, so that there's a record for family history purposes in the future perhaps?

Anyway, it'll only seem confusing until you've decided which route you want to go down. The passport office see allsorts of obscure evidence , it won't be complicated once you've put her name change in writing and shouldn't cause any delays in you application.

koalamummy

Your local Justice of the Peace (usually your local councillor) can do this for you and the passport office will happily accept this. If you prefer you can ask a solicitor to do it instead.

koalamummy

http://www.scotland.gov.uk/Publications/2007/12/11153123/4


3.2.2 Change of Child's Name

A parent or guardian may want to obtain a passport for a child in a different name from the one on the child's birth certificate. This might happen, for example, where the child's mother reverts to her maiden name or remarries following divorce. There is a procedure for obtaining a modified birth certificate from the Registrar of Births, Deaths and Marriages but sometimes it is not possible for that to be used. This could be because of urgency or it may be that not all of the Registrar's requirements can be met (for example, because the child's natural father cannot be traced to obtain his consent). In these circumstances the Passport Agency may accept a Statutory Declaration regarding the use of the child's name.

Councillors may be approached by an applicant either with a form supplied by the Registrar of Births, Deaths and Marriages, or just with a request to make a declaration, to enable the applicant to obtain a passport for their child with a name other than the name on the child's birth certificate.

Examples of such a Statutory Declaration which can be made before a Councillor are given in Appendix B.3. Note however, that the reference to a two year interval is not essential: if such a statement appears on the form then it must be true, but it need not appear on the form.

It is essential that the applicant can convince the Councillor that they are the appropriate person in relation to the child. Some means of identification should be sought by the Councillor, together with sight of the child's Birth Certificate.


Hope this helps

GlynD

devils_vixen wrote: »

Thanks. I have contacted the general registers of Scotland and the said it would cost £40 to register it and £15 for the birth certificate. I have never had to do anything like this before and I am unsure what the differences are between GRO, deed poll and the statute.

When I phoned the local office, the woman was about as helpful as a chocolate fire guard. She told me that I don't have to change the surname just for a passport but obviously the passport office have said different.

I'm very surprised about the local office. Put Deed Poll out of your mind though because it isn't relevant under Scottish Law, like a lot of other English legislation.

blvakillxxmc

Thank you very much

fluffnutter

devils_vixen wrote: »

Thanks. I have contacted the general registers of Scotland and the said it would cost £40 to register it and £15 for the birth certificate. I have never had to do anything like this before and I am unsure what the differences are between GRO, deed poll and the statute.

I didn't think you could change a birth certificate, but I'm happy to be corrected