Which name is now their legal surname?

bravobeastie

My children both had my maiden name when they were registered but I have since married their dad (6 years ago)

Tomorrow I have to hand in the forms for my daughters new secondary school and it asked for her legal surname which of course I gave but put a note on the form that we prefer for her to be referred to by my married name.

Anyway, I was say here thinking 'it's been 6 years now and I really should get the surnames sorted out' so have changed them online by deed pole and had a phone call from them after a few hours just to confirm a couple of points and was told that all the paperwork would be posted out and should be received within about 4 days.

Any who! The forms for my daughters school HAVE to be in tomorrow so i'm wondering now that I have changed her surname, should I request a new form from the school to show her new legal surname as my married name or is my maiden name still her legal name until the papers come through? Obviously she doesn't start till September but the school forms had to be signed and dated so would/could I be in any trouble for stating the wrong surname?

Sorry about the very long post for a very simple question

Mojisola

I think you're worrying too much. You can use any name you like as long as you're not using it for nefarious purposes. You didn't need to change their names by deed poll.

Put down the new name.

Person_one

If you go on to marry the children's father you can get new birth certificates issued with his name as their last name.

You didn't need to pay the deed poll company, I hope they haven't misled you into thinking a deed poll was necessary.

http://www.direct.gov.uk/en/Governmentcitizensandrights/Registeringlifeevents/Birthandadoptionrecords/Registeringorchangingabirthrecord/DG_175618

lilymay1

Mojisola wrote: »

I think you're worrying too much. You can use any name you like as long as you're not using it for nefarious purposes. You didn't need to change their names by deed poll.

Put down the new name.

But if they want some form of ID (passport/birth certificate), won't the fact it'll have the old name on be a problem?

That's a genuine question by the way

Mojisola

Is their father's name on their birth certs? If not, as Person_One says, you can get new ones issued.

building_with_lego

You'll need to re-register their births anyway, now that you're married. (There could be issues with them not being legally "products of the marriage" otherwise.)

busiscoming2

Unless it has changed your children can use any name at school but when it comes to exams it legally has to be the name on the birth cert.

busiscoming2

building_with_lego wrote: »

You'll need to re-register their births anyway, now that you're married. (There could be issues with them not being legally "products of the marriage" otherwise.)

We married when 'our' child was 3 and haven't re registered him (he is 15 now) and had no problems, but he had his fathers surname from birth if it makes any difference.

LE3

their legal name is the one you have now changed it to by deed poll - so fill the form out with "Jones" but put a note to the school that they were/have been known as "Smith" as their primary school records will be in that name & it will avoid confusion in future if the school knows both names -
I work in a school & different legal & "known by" names are not uncommon -...

shellsuit

building_with_lego wrote: »

You'll need to re-register their births anyway, now that you're married. (There could be issues with them not being legally "products of the marriage" otherwise.)

You don't need to do that at all.

I wasn't married when I had my youngest.

I was Miss C when I gave birth to him, not Mrs D and I'm quite happy for it to stay that way.

How does that work though, 'not legally products of the marriage' if there was no marriage when the child/ren was born?

peachyprice

shellsuit wrote: »

You don't need to do that at all.

I wasn't married when I had my youngest.

I was Miss C when I gave birth to him, not Mrs D and I'm quite happy for it to stay that way.

How does that work though, 'not legally products of the marriage' if there was no marriage when the child/ren was born?

You do need to apparently, it's a legal requirement under the Legitimacy Act 1976.

Whay happen if you don't I'm yet to find out