Baby names
Question
My daughter is a year old and I've split up with her father. She's always had his surname, but now I'd like to change it. Can I do this? If I can, how do I go about it?
Answer
Whether you require your ex's permission to change your daughter's surname will depend on whether he has parental responsibility.
If you were married when your daughter was born then her father will automatically have parental responsibility. If you weren't married but went to register your daughter's birth together (which will mean his name is on the certificate) then he will have parental responsibility. The only other circumstance where this would apply would be if he has a court order granting parental responsibility.
If he does have parental responsibility, then you'll need his permission to change your daughter's name. But if he doesn't then you can change your daughter's name without his permission.
If you're able to change your daughter's name then there's no legal procedure to follow, you can simply start using your daughter's new surname. You may want to get a solicitor to draw up a statutory declaration, which would make the name change more formal.
But one thing you won't be a able to do, except in special circumstances, is alter your daughter's birth certificate.
Updated: 22/06/2005
Question answered by CAB
