Am I permitted to change my child’s surname in Scotland?
Changing a child’s name can be a complex and daunting process, requiring thorough consideration, as it may influence multiple facets of the child’s life. Modifying surnames is especially prevalent among parents who have separated or divorced, for children who have been adopted, or when a parent ceases to participate in their child’s life.
This blog will offer insights into the legal aspects of altering a child’s surname, securing parental consent, the court’s role, the procedural steps involved and the advantages of engaging Complete Clarity Solicitors.
The Legal Aspects of Child Surname Changes
There are numerous reasons why an individual might seek to alter their child’s name. Following a divorce or separation, for instance, a parent may favour the child retaining their own surname, particularly if the child presently bears the other parent’s last name. A name change may also be required in cases involving abuse, domestic violence, or harassment.
It is essential to note that in Scotland, a child over the age of 16 may change their name without requiring parental consent. However, in circumstances where the child is under the age of 16, all decisions must be made in the child’s best interests and all individuals with parental responsibility are required to provide written consent.
Securing Parental Consent
Securing consent from individuals with parental permission is crucial, especially when both of the child’s parents are actively engaged in their life.
Amending a child’s name may be a straightforward procedure provided that both parents agree. Nevertheless, if the other parent objects to the surname change, the matter may require resolution through the court. In such cases, the parent requesting the change must demonstrate the necessity of altering the child’s surname and establish that it is in the child’s best interest.
A parent may not be required to obtain parental consent if the other responsible parent has not been involved in the child’s life for a sustained period.
If you have any enquiries concerning parental assent, it is recommended to seek advice from a solicitor specialising in parental responsibility.
The Function of the Court in Surname Changes
The role of the courts typically arises when a dispute concerning a child’s legal name change occurs. In such a scenario, the court would intervene to render the ultimate decision. For instance, if the parents have separated or divorced, and the mother wishes for the child to adopt her maiden name, the other parent may oppose this change, as it could create emotional distance between them and the child.
If the case proceeds to court, the judge typically evaluates multiple considerations, including the child’s preferences (if they are of sufficient age), the potential impact of the name change on the child and any additional justifications for the necessity of a name change.
Implications of Modifying a Child’s Surname
Changing a child’s name entails several implications, including a feeling of estrangement from the parent with whom the surname is no longer shared. There may also be emotional distress involved if the child’s name change is correlated to the parents’ divorce, alongside potential uncomfortable situations, especially in social and educational contexts, when others are acquainted with the child’s original name.
Procedures for Legally Altering a Child’s Surname
To legally alter a child’s name, you may do so by means of a deed poll. The procedures are outlined as follows:
- Complete a deed poll application form.
- Execute the deed poll in the presence of a witness.
- Utilise your child’s deed poll to amend any pertinent records.
When a child’s name has been legally amended, it is essential to revise all official records to reflect the newly authorised identity. This should include the child’s official birth certificate, educational records and passport.
How Can Complete Clarity Help?
At Complete Clarity you will be assigned a dedicated family law expert to assist you throughout each stage of the process. We offer competitive pricing and our team will manage your case with professionalism and empathy. Phone us on 0141 433 2626 for a free consultation with a legal professional.
