The Golden Rule: Consent is Required
To change the name of a child (anyone under 16 years old), you must have the consent of everyone who holds Parental Responsibility for that child.
A Child Deed Poll is not valid if it is executed without the agreement of all parties with Parental Responsibility. If you submit a Deed Poll to HM Passport Office without the required signatures, the application will be rejected.
Who Has Parental Responsibility?
- The Mother: Automatically has Parental Responsibility from birth.
- The Father: Has it if he was married to the mother at the time of birth, OR if he is named on the birth certificate (for births registered in England/Wales after 1 December 2003).
- Adoptive Parents: Acquire Parental Responsibility upon adoption.
- Local Authorities: May hold it if the child is subject to a Care Order.
- Guardians: Appointed by a court or via a will.
What if the other parent refuses consent?
If a parent with Parental Responsibility refuses to consent to the name change, you cannot use a Deed Poll. Your only option is to apply to the family court for a Specific Issue Orderunder the Children Act 1989. The court will decide if the name change is in the child's best interests.
If the other parent does not have Parental Responsibility, you technically do not need their consent to execute the Deed Poll. However, they can challenge the name change in court, so it is often advisable to inform them.
What if the other parent is absent?
If the other parent has Parental Responsibility but you cannot find them, you still cannot legally use a Deed Poll without their signature. You must apply to the court, showing that you have made reasonable efforts to locate them.
The Process: How to Do It
- Gather consent: Ensure everyone with Parental Responsibility agrees to the change.
- Generate the Deed Poll: Use our Child Deed Poll service (£14.99) to create the legal document.
- Sign the document: The Deed Poll must be signed by the parent(s) applying on behalf of the child, in the presence of an independent witness. Older children (e.g., 11-15) can also sign the document to show their agreement, though this is not strictly required.
- Update records: Send the Deed Poll to HM Passport Office, the child's school, their GP, and the Child Benefit Office.
Create a Child Deed Poll
Our system generates a legally compliant Child Deed Poll ready for all required signatures.
Start Child Deed Poll — £14.99Frequently Asked Questions
Can I change my child's name without the other parent's consent?
If the other parent has Parental Responsibility, you must have their written consent. Without it, you cannot legally change the child's name via Deed Poll and must apply to the court for a Specific Issue Order.
Who has Parental Responsibility?
The birth mother automatically has it. A father usually has it if he was married to the mother at the time of birth, or if he is listed on the birth certificate (for births registered after Dec 2003 in England/Wales). Adoptive parents also have it.
At what age can a child consent to their own name change?
At age 16. Once a child turns 16, they can execute their own Adult Deed Poll and no longer need parental consent.
Do I need an enrolled Deed Poll for a child?
No, an Unenrolled Child Deed Poll is legally valid and accepted by HM Passport Office, schools, and doctors, provided you have the necessary consents.