Do I need a solicitor to change my child's surname?

Changing a child’s name is a decision that can carry significant emotional and legal implications, and many parents wonder if they need a solicitor to do it. In England and Wales, the answer depends on the circumstances, particularly whether both parents have parental responsibility.

If only one parent has parental responsibility, usually the mother in cases where the parents are not married and the father is not on the birth certificate, it is possible to change the child’s surname without the involvement of a solicitor. This can be done through a straightforward deed poll application. However, if both parents hold parental responsibility, the law requires that they both agree to the change. In such cases, if one parent does not consent, the other must apply to the family court for a specific issue order.

While it is not a strict legal requirement to instruct a solicitor to handle the process, doing so can be very helpful. A solicitor can advise whether you need the other parent’s consent in your situation, help prepare the deed poll documents correctly, and assist with court applications if necessary. Mistakes in the paperwork or misunderstanding your legal position can cause delays and even result in the change being rejected.

Solicitors can also help in cases where disputes arise. For example, if the other parent objects to the change, a solicitor can represent your interests in court and ensure that your case is presented effectively. The court will always make its decision based on the child’s welfare, considering factors such as the child’s established identity, their relationship with both parents, and whether a name change would cause confusion or instability.

Although some parents manage the process themselves, having professional support gives peace of mind that everything is handled correctly. For many, the modest legal cost is worth it to avoid stress and ensure the change is legally valid.

If you are thinking about changing your child’s name, whether you need a solicitor depends on the circumstances, but having one on your side can make the process smoother and less stressful.

Our family law solicitors can provide clear advice on whether you need consent, guide you through deed poll applications, and represent you in court if required.