If the other parent says no
Either of you can ask the family court to decide. Its only question is what’s best for the child, and it treats a surname as an important part of a child’s identity. 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.
The Court of Appeal’s guidelines in Re W, Re A, Re B (1999) matter for stepfamilies. They say the registered surname is always an important factor, and that wanting a child to share the surname of the parent asking for the change doesn’t usually carry much weight. So where the other parent is still involved, courts tend to keep that link.
What courts weigh is the child’s welfare: their ties with each parent, their own wishes as they get older, and what the name will mean to them in future. Coram Children’s Legal Centre explains how applications work. Coram Children’s Legal Centre: changing a child’s surname