Can I Change My Child’s Surname in Scotland?   

Changing a child’s name can be complex and dauting and is a decision that requires careful consideration, as it can impact various aspects of a child’s life. Changing surnames is particularly common for parents who have separated or divorced, for children who have been adopted, or when a parent is no longer involved in their child’s life. 

This blog will provide you with insight into the legal side of changing a child’s surname, obtaining parental consent, the role of the court, the legal process involved and the benefits of using Jones Whyte.

Key Takeaways 

The Legal Side of Child Surname Changes   

There are many reasons why an individual may want to change their child’s name. After a divorce or separation, for example, a parent may prefer the child to have their surname, especially if the child currently has the other parent’s last name. A name change may also be necessary if the case involves abuse, domestic violence or stalking.  

It is important to note, in Scotland, a child over the age of 16 can change their name without receiving parental consent. However, in situations where the child is under the age of 16, all decisions must prioritise the child’s best interests, and everyone with parental responsibility must provide written consent. 

Obtaining Parental Consent  

Obtaining consent from individuals with parental consent is essential, particularly when both of the child’s parents are actively involved in their life.  

Changing a child’s name can be a simple process if both parents consent. However, if the other parent objects to the surname change, the issue may need to be resolved in court. In such instances, the parent requesting the change must showcase why it is necessary to change the child’s surname and prove to them that it’s for the child’s benefit. 

A parent may not need to receive parental consent if the other parent responsible is not involved in the child’s life and this has been the case for a period of time. 

If you have any questions regarding parental consent, it is advisable to consult with a parental responsibility lawyer.  

The Role of the Court in Surname Changes  

The courts’ role generally comes into play when there is a disagreement regarding a child’s legal name change. In such a case, the court would step in to make the final decision. For example, if the parents have separated or divorced, and the mother wishes for the child to adopt her maiden name, the other parent may object to this change as it could distance them and the child.  

If the case reaches court, the judge usually considers several factors, including the child’s thoughts (if they are old enough), the implications the name change could have on the child, and any further reasons as to why a name change may be required. 

Implications of Changing a Child’s Surname   

There are various implications associated with changing a child’s name, and these include:  

Steps to Legally Change a Child’s Surname  

To legally change a child’s name, you can do so through a deed poll. The steps are as follows:  

Documents Required to be Updated Once Surnames Legally Changed 

When a child’s name has been legally updated, it is vital to update all official documents to align with the newly established identity. This includes:   

If you would like to seek legal advice from one of our experienced parental responsibility lawyers, reach out to our expert team today.   

The Benefits Of Using Jones Whyte’s Parental Responsibility Lawyers 

There are a variety of reasons why you should choose Jones Whyte’s parental responsibility lawyers to help with the change of your child’s surname:  

Frequently Asked Questions  

Can I change my child’s surname without permission from the other parent?  

If both parents have parental responsibility, then you both will need to consent to the change of your child’s surname. If one parent denies consent, then a court order may be required.  

What are valid reasons for child surname change? 

There are several reasons why someone may want to change their child’s surname. For example, following a separation or divorce, a parent may wish to change their child’s surname to their own. Additionally, if a child is adopted, changing their surname to their new families can help to make them feel included. 

When considering a surname change, it is vital to prioritise the child’s best interests. 

How long will it take to change my child’s surname? 

The length of time can vary, for further information speak to our parental responsibility lawyers.