New beginning – new name?

As a divorcee, or a mother remarrying, you may want to change the name of your child to reflect the family’s new circumstances. However, the law will not let you do so lightly. There are strict rules governing any change, including the addition of a new name. The rules focus on who has ‘parental responsibility’ (or PR) of the child.

At birth, a mother automatically gains PR, as does the father if he is married to the mother or is registered on the birth certificate. Otherwise he can only obtain PR by signing a PR agreement with the mother or getting a court order. He can also acquire PR by marrying the mother or by being appointed a guardian.

For a change of name to be valid you need written consent from the other parent with PR unless their whereabouts are unknown and efforts have been made to contact them.This is so even after divorce, remarriage or lack of contact. Without the other’s consent, you need to apply for a court order. Even if the mother has sole PR, but the father has regular contact, he may still have the right to reverse any name change.

If you have been thinking about changing your child’s name or you want to dispute a name-change, please contact:

Barbara Reeves
Tel +44 (0)20 7440 7037
barbara.reeves@mishcon.com