Changing a Child's Name: Consent, Deed Poll and Court Orders

REVIEWED BY: Sean McNamara on 2026-09-01

# Changing a Child's Name: Consent, Deed Poll and Court Orders

Changing a child's name is more complicated than changing an adult's name, because everyone with parental responsibility normally has to agree. This guide explains the rules on consent, deed polls, passports, and when the court can decide.

Whose consent is needed?

If a child has lived with one person for a specified period or the consent of everyone with parental responsibility is needed for a change of forename or surname, section 13 of the Children Act 1989 applies where a child arrangements order ("lives with" order) is in force. In short:

Where a child arrangements order says a child lives with a person, that child's surname (and, for the period of the order, forename) cannot be changed without the written consent of everyone with parental responsibility, or the court's permission.
Where no order is in force, the general position is that a change of name requires the consent of everyone with parental responsibility.

Unmarried fathers who are named on the birth certificate after 1 December 2003 (in England and Wales) have parental responsibility; those registered before that date, or not on the certificate, may not unless acquired separately — see our guide on birth certificates and parental responsibility.

Enrolment of a deed poll

A child's deed poll must be enrolled (recorded at the Royal Courts of Justice) if it is to be publicly visible, and consent of everyone with parental responsibility is required. The enrolled deed poll process requires the consent of each person with parental responsibility; where consent is withheld or cannot be obtained, an application to the court is needed instead.

Applying to the court

If you cannot obtain consent, you can apply to the family court for a specific issue order (to allow the change) or to enforce/prohibit arrangements. The court applies the child's welfare as its paramount consideration under section 1 of the Children Act 1989. Relevant factors commonly include:

The strength and quality of the child's relationship with each parent
The impact of the change on the child, including at school and socially
The child's own wishes and feelings, depending on age and understanding
Whether the change would sever or weaken the link with the other parent or their family
The reasons for the proposed change

Courts are often cautious about surname changes that could dilute the child's connection with the non-resident parent, but each case turns on its facts.

Passports and official records

Once the name is lawfully changed, apply for a new passport with supporting documents (deed poll, consent evidence, or court order). HM Passport Office has strict requirements for children's name changes, especially where there are court orders or where another parent has parental responsibility. Check the GOV.UK passport guidance before booking travel.

Practical tips

Put any agreement about names in writing, and ideally in a consent order.
Do not unilaterally change a name where consent is required — doing so can lead to court action and an order reversing the change.
Notify schools, GPs and other bodies only after the legal position is clear.

Useful links

Children Act 1989, sections 8 and 13: https://www.legislation.gov.uk/ukpga/1989/41
GOV.UK — deed polls: https://www.gov.uk/change-name-deed-poll
GOV.UK — children's passports: https://www.gov.uk/get-a-child-passport
HM Courts & Tribunals Service: https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service

Not legal advice

This is an independent information site, not a law firm. We accept no referral fees and nothing on this page is legal advice. Name change law is technical — take advice from a regulated family lawyer if consent is contested.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.