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Reviewed by Mark Keenan, Founder and CEO, Online Legal Services Limited · Last updated 27 October 2026
If you are not married to your child’s father, whether you can change your child’s surname on your own depends on one thing: whether the father has parental responsibility. This guide explains how to work that out, and what to do in each situation. It covers England and Wales.
Who has parental responsibility?
A mother automatically has parental responsibility for her child from birth. A father who is not married to the mother has parental responsibility if:
- he is named on the child’s birth certificate and the birth was registered on or after 1 December 2003
- he has signed a parental responsibility agreement with the mother
- a court has given him parental responsibility, or
- he later marries the mother.
An unmarried father named on a birth certificate registered before 1 December 2003 does not have parental responsibility automatically. GOV.UK has more detail on parental rights and responsibilities.
If the father has parental responsibility
You need his written consent. In practice, that means everyone with parental responsibility signs the child deed poll. If he refuses, or you cannot contact him, you cannot simply change the name on your own. You would need to apply to the family court for a specific issue order, and the court will decide based on what is best for your child.
If the father does not have parental responsibility
You can usually change your child’s surname on your own with a child deed poll, because you are the only person with parental responsibility. Before you do, check that no court order is in place about where your child lives or who they spend time with. If one is, the law says you need the written consent of everyone with parental responsibility or the court’s permission to change the surname.
It is also worth thinking about how the father may react. Even without parental responsibility, he can apply to the court, and courts take a child’s surname seriously because it is part of their identity.
What if my child is older?
Courts give weight to an older child’s wishes. Young people aged 16 or 17 can change their own name with their own deed poll. See our guide to how old you have to be to change your name.
How to change your child’s surname
- Work out who has parental responsibility using the rules above.
- Get written consent from everyone who has it.
- Order a child deed poll (£19.99). It has space for everyone with parental responsibility to sign.
- Use the signed deed poll to update your child’s passport, school, GP and bank records.
For more on consent and court orders, read our guide to changing a child’s name by deed poll.
If the other parent objects
Disputes over a child’s name can end up in court, so it is worth getting legal advice early. Our sister firm OLS Solicitors, which is authorised and regulated by the Solicitors Regulation Authority, can advise on applying for a specific issue order.
This guide is general information, not legal advice for your circumstances.
