How Do I Change My Child’s Name? A Comprehensive Guide to Legal Procedures and Requirements

Introduction

Changing a child’s name is a significant decision that involves various legal procedures and considerations. Whether it’s for personal, cultural, or other reasons, it’s essential to understand the steps involved to ensure a smooth and legally compliant process is followed.

This article provides an in-depth guide on changing your child’s name, including the necessary forms, documentation, and important considerations.

What is the process of changing my child’s name?

The process of changing a child’s name is governed by specific legal requirements to protect the child’s best interests. It involves completing several forms and providing proof of identity and citizenship.

Below, we outline the essential steps and documents required to change a child’s name in England and Wales.

What are the relevant forms required?

1. Change of Name Deed for a Minor – Deed Poll (Form LOC022)

The Change of Name Deed, commonly known as a Deed Poll, is a legal document used to record a name change. For a minor, each parent with parental responsibility must both sign this form. However, if only one parent has parental responsibility, only that parent needs to sign. The signatures must be witnessed by an independent witness who is at least 18 years old, knows the parents, and is not a relative, partner, or someone living at the same address.

The Deed Poll legally changes the child’s name and is used for various purposes, including to update official documents and records. It’s important to ensure that this form is correctly filled out and signed in the presence of a suitable witness to mitigate the risk of any issues or complications.

2. Affidavit of Best Interest (Form LOC023)

The Affidavit of Best Interest is a legal statement asserting that changing the child’s name is in their best interests. This affidavit must be completed to provide a supportive statement for the name change. It typically includes details about why the name change is being requested and how it benefits the child.

The affidavit serves as evidence that the name change is being pursued for legitimate reasons and not for fraudulent/nefarious purposes. It’s crucial to provide accurate and truthful information in the affidavit to support the legal process of changing your child’s name.

3. Statutory Declaration (Form LOC024)

The Statutory Declaration is a formal statement made by a person who has known the applicant’s parents (the minor’s parents) for at least 10 years. This person, referred to as the “Declarant,” must not be related to the parents and must be a Commonwealth or British citizen. Additionally, the Declarant must be a householder, meaning they own or rent their usual residence or are responsible for paying household bills and expenses.

The Statutory Declaration includes a statement of truth, affirming that the name change is in the best interests of the child. The Declarant must provide a truthful account of their relationship with the parents and any relevant information supporting the name change.

Along with the Statutory Declaration, you will need to provide proof of your child’s citizenship. Acceptable documents include the child’s birth certificate, a certificate of naturalisation, or proof of indefinite leave to remain. It’s important to note that a passport cannot be used as proof of citizenship for a minor. The provided documents must be attached to the Statutory Declaration as exhibits, as follows:

a) Exhibit “A”: A photocopy of the Deed Poll (Form LOC022), marked as exhibit “A” and signed by a solicitor or commissioner for oaths using specific wording.

b) Exhibit “B”: A certified photocopy of the minor’s full birth certificate (or other proof of citizenship), marked as exhibit “B” and signed by a solicitor or commissioner for oaths using specific wording.

The Statutory Declaration, along with the attached exhibits, serves as a crucial legal document to support the name change process.

4. Notice for the London Gazette (Form LOC026)

The Notice for the London Gazette is a formal announcement of the name change that will be published in the London Gazette. This publication serves as a public record of the name change and is a legal requirement for changing a child’s name.

The notice typically includes details about the original and new name(s) of the child, as well as relevant information about the name change process. It ensures transparency and public awareness of the name change, preventing potential legal disputes or misunderstandings in the future.

How do I prove my child’s citizenship and can a passport be used to prove citizenship of a minor?

When changing a child’s name, it’s essential to provide acceptable proof of citizenship. As mentioned earlier, a passport cannot be used as proof of citizenship for a minor. Instead, you should provide one of the following documents:

• Birth Certificate: The child’s original birth certificate, which serves as the primary proof of citizenship.
• Certificate of Naturalisation: If the child has been naturalised as a British citizen, this certificate serves as proof of citizenship.
• Proof of Indefinite Leave to Remain: If applicable, this document demonstrates that the child has been granted indefinite leave to remain in the UK.

Ensuring that the correct proof of citizenship is provided will help streamline the name change process and avoid any legal complications.

What are the legal considerations I need to keep in mind?

Changing a child’s name is a legal process that requires careful consideration and compliance with the law. It’s important to ensure that all forms are accurately completed and signed in the presence of suitable witnesses. Providing truthful and accurate information in the forms and affidavits is essential to support the legal process and avoid potential legal issues.

The decision to change a child’s name should be made with the child’s best interests in mind. It’s crucial to consider the long-term implications of the name change and how it may affect the child’s identity and personal records.

Conclusion & How We Can Help

Changing your child’s name is a significant legal process that requires careful consideration and adherence to specific legal requirements. By understanding the necessary steps and completing the required forms accurately, you can ensure a smooth and legally compliant name change process.

We are delighted to assist with the process of changing your child’s name. We provide expert guidance on completing the relevant legal forms, and (if required) we also ensure that you are scheduled for an in-person appointment with one of our expert solicitors to handle the necessary affidavits. Our comprehensive services are designed to make the entire process smooth and efficient for you.

If you have any questions or need further assistance, our team is here to help. Please do not hesitate to contact us at 01444 708 640 or via email at: wewillhelp@jonathanlea.net

We are committed to providing you with the highest level of professional service and support to make the process of changing your child’s name as straightforward and stress-free as possible.

This article is intended for general information only, applies to the law at the time of publication, is not specific to the facts of your case and is not intended to be a replacement for legal advice. It is recommended that specific professional advice is sought before relying on any of the information given. © Jonathan Lea Limited.