Change Child's Surname Without Father's Consent (UK)

Does the father have parental responsibility?

A mother always has parental responsibility. A father has it if any of these apply:

He was married to, or in a civil partnership with, the mother when the child was born, or married her afterwards.

He is named on the birth certificate and the birth was registered in England or Wales on or after 1 December 2003.

He has a parental responsibility agreement with the mother, or a court has given him parental responsibility.

If none of these apply, he does not have parental responsibility. A step-parent does not get it automatically either, even when married to the child's parent.

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If the father has parental responsibility

You need his agreement. GOV.UK is clear that a child's name change needs the agreement of everyone with parental responsibility. Where a court order already sets out who the child lives with, the Children Act 1989 also forbids changing the child's surname without the written consent of everyone with parental responsibility or the court's permission.

If he will not agree, you can apply to the family court for a specific issue order using form C100. The fee is £263. GOV.UK says you must try to reach an agreement first, and most applicants have to attend a mediation information meeting (a MIAM) before the court will hear the case. The court decides on the basis of your child's welfare, and judges treat a child's surname as important, so a change is not granted just because one parent wants it.

Please do not make a deed poll for your child in this situation without his agreement or a court order. Organisations such as the Passport Office can refuse to act on it, and it can count against you if the dispute ends up in court.

If the father does not have parental responsibility

Then his consent is not legally required. If you are the only person with parental responsibility, you can make a deed poll changing your child's surname on your own.

Two practical points. Organisations may ask about the other parent, so keep the birth certificate handy to show he is not named on it, or that the birth was registered before December 2003. And a father without parental responsibility can still apply to the court himself, for example for an order to stop the change, so if he is involved in your child's life it is better to talk to him first.

Making the deed poll

The form on this page is already set to "My child". It uses the wording for a child's change of name, is signed by you as the parent, and asks you to confirm that everyone with parental responsibility agrees. It costs £19.99 and downloads straight away. If your child is 16 or 17, they can make their own deed poll instead; see changing your name at 16 or 17.

For the wider process, including schools and passports, see our guide to a deed poll for a child.

What is your new name?

Who is this deed poll for?

MyselfAged 16 or over — £19.99 My childUnder 16 — £19.99

Name you are changing from

First name

Middle name optional

Last name

Name you are changing to

First name

Middle name optional

Last name

A few details about you

Email address

Only used to retrieve your deed poll if you lose it. No marketing emails.

Date of birth

Day

Month

Year

Your current address

Address line 1

Address line 2 optional

Town / City

Postcode

Date of deed

Your witnesses

A UK deed poll requires two witnesses. They must be adults, not related to you, and present when you sign. They do not need to be a solicitor.

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HMRC — tax and National Insurance
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GP surgery / NHS
Employer — HR and payroll
Local council — council tax and electoral register
Utilities & broadband
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Being straight with you: the DVLA and passport letters are cover letters — a driving licence is changed with the free D1 form, and a passport needs a new application. The letters make the paperwork easier, not different.

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Deed poll £19.99

Make your child's deed poll — £19.99

Your deed poll

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Common questions

Can I change my child's surname without the father's permission?

Only if he does not have parental responsibility. If he does, you need his agreement or a specific issue order from the family court.

Does an unmarried father have parental responsibility?

He does if he is named on the birth certificate and the birth was registered in England or Wales on or after 1 December 2003, or if he has a parental responsibility agreement or court order. Otherwise he does not.

How do I change my child's surname if the father refuses?

Apply to the family court for a specific issue order on form C100. The fee is £263, and you will usually need to attend a mediation information meeting first. The court decides based on your child's welfare.

Does the father have to sign the deed poll?

Not necessarily. One parent can sign a child's deed poll, but everyone with parental responsibility must agree to the change. Some organisations ask for written evidence that they do.

Can I change my child's surname if the father has no contact?

Having no contact does not remove parental responsibility. If he has it, you still need his agreement or a court order. If you cannot find him, the court can deal with that as part of the application.