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  • FIRST POST
    • swingaloo
    • By swingaloo 7th Mar 18, 3:24 PM
    • 1,819Posts
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    swingaloo
    Changing a childs surname.
    • #1
    • 7th Mar 18, 3:24 PM
    Changing a childs surname. 7th Mar 18 at 3:24 PM
    Hubby has been trying to contact his son who he has not seen since the child was one year old. He was led to believe the child had been taken abroad by the mother.

    His name was on the birth certificate but somewhere down the line the ex married and changed the sons surname to her newly married name so it made finding the son more difficult as he was searching for the wrong surname.

    Can a childs surname be legally changed without the consent of the parent on the birth certificate?
Page 1
    • TonyMMM
    • By TonyMMM 7th Mar 18, 3:47 PM
    • 2,649 Posts
    • 2,921 Thanks
    TonyMMM
    • #2
    • 7th Mar 18, 3:47 PM
    • #2
    • 7th Mar 18, 3:47 PM
    Was he married to the mother ? Assuming not, was the birth registered before or after 1/12/2003 ?

    If before that date - has he applied for parental responsibility at any time ?

    If he has parental responsibility then an official name change would require his consent. However the mother could apply to a court to allow it - she would need to claim the father was un-contactable.

    Of course, there is nothing to stop the mother deciding that the child should use the step-father's name with no official change being recorded.
    • swingaloo
    • By swingaloo 7th Mar 18, 4:20 PM
    • 1,819 Posts
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    swingaloo
    • #3
    • 7th Mar 18, 4:20 PM
    • #3
    • 7th Mar 18, 4:20 PM
    Was he married to the mother ? Assuming not, was the birth registered before or after 1/12/2003 ?

    If before that date - has he applied for parental responsibility at any time ?

    If he has parental responsibility then an official name change would require his consent. However the mother could apply to a court to allow it - she would need to claim the father was un-contactable.

    Of course, there is nothing to stop the mother deciding that the child should use the step-father's name with no official change being recorded.
    Originally posted by TonyMMM

    Thank you for the reply. He was not married to the mother and it was in the late 1980s. The mother has now got 5 children from 3 fathers and all of them have her 3rd husbands surname.

    Perhaps she did as you say and applied saying the father was uncontactable. In reality she met an America guy and told my hubby that he would never get to see the child again as they were going back to America with him. She laid an elaborate plan telling her relatives to say she had emigrated with the child when in reality they only went to America for a holiday then returned here. She later parted from him and married someone else.

    All these years hubby has believed his child was in America when all she did was move away from the area and change names.
    • maman
    • By maman 7th Mar 18, 6:00 PM
    • 17,904 Posts
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    maman
    • #4
    • 7th Mar 18, 6:00 PM
    • #4
    • 7th Mar 18, 6:00 PM
    I think what she's done would be harder now than it was 30+ years ago. A school shouldn't register a child without sight of the birth certificate (to ensure child is enrolled in right year group). Nowadays they also shouldn't use an 'unofficial' name on the school admissions register. It's to do with safeguarding to try to prevent children getting lost in the system.


    So, although your question was about a child, the individual your husband is trying to trace is now a man so the ins and outs of what she did aren't really relevant any more.


    It's probably a bit like trying to trace a grown up daughter who has married and taken her husband's name. Although you did say she's given all her children her 3rd husband's name. Does this apply to the son? I think your best bet is asking any of her family what became of the boy.
    • thorsoak
    • By thorsoak 7th Mar 18, 7:42 PM
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    thorsoak
    • #5
    • 7th Mar 18, 7:42 PM
    • #5
    • 7th Mar 18, 7:42 PM
    Was your OH paying maintenance? Is there any trail there?
    • swingaloo
    • By swingaloo 7th Mar 18, 8:02 PM
    • 1,819 Posts
    • 3,259 Thanks
    swingaloo
    • #6
    • 7th Mar 18, 8:02 PM
    • #6
    • 7th Mar 18, 8:02 PM
    He has been trying to find him for a long time and has finally made contact although they have not met yet. Just wondered about the name change thing as it has made the search so much harder.

    No maintenance was ever paid as he was led to believe they were abroad and they disappeared. Her only family were a sister and a brother and they stuck to the story that she had gone away.
    • martinbuckley
    • By martinbuckley 7th Mar 18, 10:22 PM
    • 750 Posts
    • 762 Thanks
    martinbuckley
    • #7
    • 7th Mar 18, 10:22 PM
    • #7
    • 7th Mar 18, 10:22 PM
    Unmarried fathers have no PR for children born before 1/12/03 in England (slightly different dates for rest of UK) whether or not they have their name on the Birth Certificate.
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