Take my wife, please

divorce advice and tales of woe

25
Mar
2008

Earlier on I asked if my ex-wife could get my children’s surname changed by deed poll without my permission. I’ve done some rooting around and I’ve found what I wanted to know, luckily it’s good news.

You can see on this website here.

For births registered in England or Wales
If the mother was married to the father when their child was born, or if the mother married the father at any time subsequent to the birth, the father also has parental responsibility. Please note, from 1st December 2003, an unmarried father automatically acquires parental responsibility if he is named (or later becomes named by re-registration) on the child’s birth certificate.

This is how parental responsibility is ascertained, the website goes onto say:

If a father has parental responsibility, his consent is required to change his child’s name. This is the case even if he and the mother have separated, divorced or remarried and if the father has no contact whatsoever with the child.

This means that if the father’s name is on the birth certificate his permission is required in order to get the child’s surname changed.

Great news eh? For any fathers out there who are concerned that their ex-wifes or ex-partners might change their child’s name without their permission, don’t worry. If your name is on the birth certificate your permission is required. If you don’t give your permission your ex will have to appeal before a judge to get the name changed.

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Comments

  1. Alex Wilson Said,

    The Legal Deed Service – What’s In A Name?

    We used to grin and bear the name our parents burdened us with, whether that was Carrie Oakey or Jean Poole. It has been possible to change names by deed poll since 1760 but a decade ago, only 15,000 people did so each year. Now, spurred on by separations, pub pranks and thanks to the innovative online deed poll service, http://www.thelegaldeedservice.org.uk, more people than ever are doing so.

    As any school-age Hieronymus, Orlando or Guinevere will attest, having an unusual name is not the surest route to popularity in the playground. For example, imagine yourself a young boy growing up in the tough American mid-west and your parents saw fit to name you Marion Morrison. You might be forgiven for wishing that your parents had perhaps chosen a name a little less feminine. However, in 1930 Marion took matters into his own hands, changed his name and became the epitome of ruggedness and masculinity that made him an enduring icon. He became better known as John Wayne.

    In the UK it is possible to change your name at anytime and as often as you wish, so long as the desired name isn’t intended to deceive or can be construed to be offensive or blasphemous. You must use a Deed Poll to officially change your legal name you execute it by signing it in the presence of a witness. The witness can be anyone, but not a member of your own family, and once you have executed the Deed, your name is officially changed.

    Jamie Jackson, CEO of The Legal Deed Service says: “There are many reasons why people decide to change a name by Deed Poll, for example, a couple may decide to have a double-barrelled surname when they marry, people of foreign extraction living in the UK may wish to anglicise their name to make it easier for others to pronounce, or simply for novelty, some people choose to change their name to a ‘fun name’ such as James Bond. However, our clients can rest assured safe in the knowledge that all relevant employees deployed within our organisation have undergone extensive training and thus fully understand the law pertaining to a change of name.”

    So for anyone who fancies a change of identity, they can simply log on to http://www.thelegaldeedservice.org.uk, and with a couple of clicks they can set the wheels in motion, and if after a few months, the name loses its appeal, change it again.

  2. Danielle Said,

    a mother can, even if the father was on the birth C before dec 2003! if the mother and father was not married!!!!

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