Can I Give My Child My New Husband’s Surname? Skip to main content
Powered By Book That In
More Parenting Articles

Can I Give My Child My New Husband’s Surname?

If you have children and plan to remarry, you may want to change your children's last name. There are several reasons why parents may choose to change their child's name. Some couples want their children to share the same last name, while others may want it to be unique and personalised. 

Whatever your reason for changing your child's name, you should keep a few things in mind before going through this legal process and getting it done smoothly. 

Determining who is legally responsible for the child?

Legal responsibility is usually determined by who is named on the birth certificate. Typically, the mother and father are both listed on the birth certificate. In some cases, however, only one parent is listed, or neither parent is listed.

If the birth certificate for your child lists you as the only parent. In that case, you are automatically considered your child's legal guardian, have full legal custody of your child, and are responsible for them financially and emotionally. If you are not married to the other parent, they may be able to petition a court for custody or visitation rights.

Speak to your ex-partner

When making changes to your child's name, you must get your ex’s approval before moving forward. You will also need to update your child's birth certificate, social security card, and information. To do this, you will need to complete a deed poll. This document declares change and will allow you to change your child's name officially. Remember that some legal ramifications may be associated with making this change, so be sure to speak with an attorney beforehand.

Fill our additional requirements 

Once you have an agreement with your ex-partner, you must apply for a change of name deed from the courts. This document will state that both parents agree to the child's name change. The court will also require proof of ID and residency for both parents. After the deed is granted, you must update all official documents with your child's new name.

Apply for a new passport

When you have the deed in hand, you will need to apply for a new passport for your child. This can take some time, so it is important to start the process as soon as possible. You will need to gather some documents, including the child's birth certificate and proof of UK citizenship, and then submit the application form and fee. Your child will also need a passport photo. 

What if My Child’s Father Doesn’t Consent?

What if your child's father doesn't consent to you changing your child's name after your second marriage? You may be wondering what your next step should be. Here are a few things to keep in mind: 

  • Talk to your spouse about the situation. They may have ideas about how to proceed.

  • Check with an attorney to find out what your legal options are. You may be able to file for a name change without the father's consent.

  • Reach out to the father of your child and try to come to a resolution together. This may involve him agreeing to change the child's name or you both agreeing on a different solution.

  • If all else fails, consider filing for custody so you can decide on your child's name.

Conclusion

You can get a deed poll from a solicitor or download one from the internet. It costs around £10-£15 to get one made. The document must be signed by both parents (or guardians) and your child if they are old enough. Once signed, it becomes a legal document binding on all parties.