Change of name by Deed It is a simple process and you can drop in to the Register Office and do it straight away as long as you have the right documents with you.
How much will it cost? £30 for an adult with a further £10 for extra copies What does a change of name by deed do? There are however documents that cannot be changed and these are birth certificates, marriage certificates and decree absolutes. An applicant may change forename, middle name or surname by deed. Changing your name by deed means that the applicant will completely revoke the use of the former name and will at all times thereafter use only the new name as shown on the deed. The deed is a legal document signed by the applicant and witnessed by two others that commits the applicant to use the new name in all future proceedings. When you come to Wandsworth Register Office you only need to bring one witness, the officer handling the change of name will be the other witness. What do I need to bring?
For a child:-
What can I change my name to? You may not obtain a deed for:-
Who can apply to change their name? Important note Does it need to go to the Royal Courts of Justice to make it legal? If you want you lodge your change of name deed with the Royal Courts of Justice this is at your discretion but it does have an extra fee of £68. You would need to send a copy of the deed to them, the officer you see will provide you with the details. This would then change your change of name by deed to a deed Poll. Changing a child's name Parental Responsibility: Parental responsibility is the legal term used for those that have legal responsibility over a child under the age of 18. The consent of that person/s would therefore need to be obtained before a name change could take place. Under the Children Act 1989, parental responsibility is automatically given to the mother of a child regardless of whether or not she is married. A married father also automatically acquires parental responsibility for his child. Unmarried fathers are now in a better legal position with regards to parental responsibility. With effect from 1st December 2003, under S.111 of the new adoption and Children Act 2002, a father has full parental responsibilities and rights if his name appears on the birth certificate, giving him the same legal rights as a married father would have. This is applicable to residents of the England and Wales. Different procedures currently apply in Scotland. For applications where the fathers details are absent from the original birth entry the consent of the father is not required. If the applicant is a resident of Northern Ireland, a birth registered from 15th April 2002 will automatically give the father parental responsibility if his name appears on the birth certificate. A father with parental responsibility would be required to give his consent before his child's name can be changed. The father's consent would still be required even if he is now divorced or separated from the child's mother or if he has remarried again. The mothers consent is needed in all circumstances unless she is deceased. If both parents have parental responsibility they both need to give consent to the name change. Children under 16: If the child is under the age of 16, as long as all those with parental responsibility give their consent, the child's name change may then take place. Children aged between 16-17: When changing the name of a child who is aged between 16 and 17, the consent of the child is also required in addition to those with parental responsibility. If a child of 16 or 17 wishes to change their name but cannot obtain the consent of those with parental responsibility, they would have to wait until they are 18 when they would be classed as an adult and could execute their own deed Poll. Absent fathers/Refused consent: Many people wish to change their children's names without the consent of the father as they are unable to contact him or his whereabouts is now unknown. Any name change without the father's consent does of course carry some risks, but is still possible. The mother of the child would have to write a consent letter detailing what steps she has taken to contact the absent father. This would need to include evidence of contact with his last known address/family relatives etc. The mother however, must be aware that the father could contest this name change through the courts in the future. If one parent refuses to give their consent even though they have little or nothing to do with the child, obtaining a court order would be the only guaranteed way to make sure that you could change the name of your child without the consent needed. |