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Separated parents

Changing a child’s surname to the mother’s or father’s

It’s one of the most common reasons parents change a child’s name: a child who lives with mum takes mum’s surname, or a dad who wasn’t married wants his name added. You can do it with a child’s deed poll, but if the other parent has parental responsibility, they have to sign it too.

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Mum’s surname, dad’s or both
When the other parent must agree
How the courts decide
What the law and the courts say

Checked against the Children Act 1989, the Court of Appeal’s surname guidelines, HM Passport Office guidance and Coram Children’s Legal Centre. Sources are listed at the end.

Updated: 30 October 2026
On this pageQuick answerWho signsMum’s surnameDad’s surnameHow courts decideFAQs

The quick answer

If both parents have parental responsibility, you can change your child’s surname to either parent’s, or a double-barrel of both, with a child’s deed poll that you both sign. If only one parent has parental responsibility, that parent can sign it alone.

If the other parent has parental responsibility and won’t agree, only the family court can allow the change, and it decides on what’s best for your child. Our child’s deed poll is £14.95, with a signature space for both parents and free tracked delivery.

Consent

Who needs to agree

Your familyWho signs the child’s deed poll
Married or civil partners when your child was bornBoth parents, even after a divorce
Not married, father on the birth certificate (for births registered in England and Wales from 1 December 2003)Both parents
Not married, father not on the birth certificateThe mother alone, unless he’s got parental responsibility another way
A court order says who your child lives withEveryone with parental responsibility, in writing, or the court’s permission

The rules depend on where and when your child was born. Our guide to who has parental responsibility has the dates for England and Wales, Scotland and Northern Ireland.

HM Passport Office won’t accept a child’s change of name unless everyone with parental responsibility has given consent. If it isn’t sure you’re the only one, it may write to ask you to confirm it. Once everyone with parental responsibility has signed, our child’s deed poll is backed by our acceptance guarantee for the Passport Office, HMRC, the NHS and other UK public bodies. HM Passport Office: change of name applications

After a separation

Changing your child’s surname to yours

After a separation, many mums go back to their own surname and want their children to match. If dad has parental responsibility, he has to agree, and a double-barrel that keeps his name too is often a far easier ask than replacing it. Going abroad before your names match? Our guide to travelling with a child who has a different surname covers what to carry.

If he won’t agree, the family court can decide. The Court of Appeal’s guidelines in Re W, Re A, Re B (1999) say the registered surname is always an important factor, that reasons based on the child matching the parent who’s asking don’t usually carry much weight, and that the child’s welfare decides it. Where a father stays involved, courts recognise the importance of keeping his link through the name.

Fathers

Changing your child’s surname to dad’s

If your child was registered with mum’s surname and dad wants his added or swapped in, the same rule applies: everyone with parental responsibility has to agree, so mum signs too.

If dad isn’t on the birth certificate, re-registering the birth to add him gives him parental responsibility for a birth in England and Wales, and the child’s surname can be changed as part of the re-registration. Coram Children’s Legal Centre explains when that’s possible. Coram Children’s Legal Centre: changing a child’s surname

A father without parental responsibility can’t sign a child’s deed poll, but he can still ask the family court to decide, because the Children Act 1989 lets any parent apply for an order about their child. Children Act 1989, section 10

Agreed on the new surname?

One child’s deed poll covers it, with a signature space for both parents. Order by 6pm, Monday to Friday, for same-day processing.

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If you can’t agree

How the family court decides

  • Your child’s welfare comes first. The court looks at your child’s needs, feelings and circumstances, not the parents’ preferences.
  • The registered surname matters. It’s always an important factor, though not decisive on its own.
  • Matching a parent isn’t enough. Wanting the child to share the surname of the parent asking usually carries little weight.
  • Older children’s views count. The court considers a child’s wishes in the light of their age and understanding.
  • Going it alone can count against you. The guidelines say the reasons for an earlier one-sided change may be relevant.

In Dawson v Wearmouth (1999), the House of Lords said a court shouldn’t order a change of surname unless there’s some evidence it would improve the child’s welfare.

A court application starts with form C100, and you may need to go to a mediation information and assessment meeting first. GOV.UK says the court fee is £270, with help if you’re on benefits or a low income. Agreeing a double-barrel and signing a £14.95 deed poll costs a lot less. GOV.UK: apply for a court order

Your questions answered

Frequently asked questions

Only if he doesn’t have parental responsibility. If he does, you need his consent or a court order.

Yes, if everyone with parental responsibility agrees. A child’s deed poll signed by both parents does it.

Yes. Agree which name goes first, then both sign a child’s deed poll with the new double-barrelled surname.

Not for who has to agree, because both parents usually keep parental responsibility after separating. If a court order says who your child lives with, nobody can change the surname without everyone’s written consent or the court’s permission.

It depends on what’s best for your child. Courts treat the registered surname as important and give little weight to wanting the child to match one parent.

No. A deed poll changes the name only. Parental responsibility, contact and maintenance stay as they are.

Check the detail

Sources for this guide

Guidance and reference pages

The official rules this guide is based on, checked in October 2026.

Continue your name change

Related guides

When the other parent won’t agree

Your options without their consent.

Stopping an ex changing your child’s surname

Your rights if you don’t agree.

Changing your name after divorce

Reverting, keeping or choosing a new name.

Ready when you are

Your child’s surname, agreed and official.

A child’s deed poll with a signature space for both parents, prepared from your details, checked by a person and posted free for £14.95.

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