Changing a forename of a child
If you decide to change a forename(s) of your child within 12 months of the date of registration of the birth you are able to do so on the original birth registration.
If the child has been baptised in the Christian faith within the 12 month period after birth registration you can obtain a form from the Register Office to take to the Minister of the Church in which the child was baptised. Once this form has been completed it needs to be returned to the Register Office and the amended names can be inserted into space 17 of the birth entry. This process can be done at any time after the birth as long as the baptism took place within 12 months of the registration. You can then purchase certified copies from this amended registration.
The full copy certificate will contain both the original name and the new name given in baptism. The short version certificate will only show the child’s amended forename(s).
If the child has not been baptised a parent (or guardian) can complete a form at the Register Office. Once again this process can be done at any time after the birth as long as it can be proved that the change of name took place within 12 months of the birth being registered. Documentary evidence would be required if the application is made more than 12 months after the birth was registered. Once the form has been completed the amended name(s) will be inserted into space 17 of the original birth registration and certified copies of the amended registration can then be purchased.
Changing the surname of a child
If the parents were not married to each other at the time of the birth and the father did not attend with the mother to register the baby, it is possible to re-register the birth at any time in the future to include the father’s details in the registration and change the surname of the child. A form is available from the Register Office that has to be completed by both parents.
The easiest way for the birth to be re-registered is for both parents to attend the Register Office together. However, it is possible for either parent to make a statutory declaration before a solicitor or other person able legally to witness an oath, acknowledging parentage of the child. It is also possible for either parent to seek a Court Order naming the father. In any of these cases the birth will be registered again and certified copies of the re-registered birth can be purchased from the registrar.
However, if the parents were not married to each other at the time of the birth and it was decided to give the child the father’s surname, whether or not he attended with the mother, it is not possible to change the surname in the registration back to that of the mother. The alternative would be to seek legal advice about making a deed poll to change the surname of the child but this will not change the original birth registration. A deed poll document should be attached to the birth certificate to provide evidence that the child is being brought up in a surname different from that recorded in the birth entry.
If the parents have married each other since the birth was registered the birth should be re-registered to accurately record the current legal status of the child. A form is available from the Register Office that must be signed by both parents. Either parent can then attend the Register Office with the completed form and a copy of the marriage certificate. The birth will then be re-registered and the child’s surname can be changed as part of this process. Certified copies of the re-registered birth can be purchased from the registrar.
Correcting a mistake made in the name of a child at the time of registration
If you made a mistake in the original birth registration it will be necessary for the person who registered the birth to prove that an error exists. A registration records the details as they were intended on the day the registration was completed. The information you will need to provide will depend upon how soon after the birth you realise a mistake was made. If you realise you made an error almost straight away you should write a letter setting out what the error is and how it came to be made. The letter should be sent to the Register Office who will pass it on to the Registrar General who has to authorise all corrections to names.
If there has been a longer time gap between registration and realising that an error exists, in addition to writing the letter setting out how the error came to be made, you will need to provide documentary proof, dated from the earliest infancy of the child, that you are bringing up the child in a name different from that recorded in the registration. The evidence could be in the form of a clinic card, NHS medical card or bank book etc. The letter along with the documentary evidence will then be submitted to the Registrar General for his consideration.
Changing the name of an older child or adult
Names can be changed by deed poll or statutory declaration, which will usually be done through a Solicitor and the subsequent document issued should be kept with the birth certificate so that both documents can be produced together whenever evidence of name or age is required. The birth certificate itself cannot be changed nor can the birth entry under these circumstances. In some circumstance there may be Court Orders in place which would prevent a child’s name being changed and you would need to seek legal advice about this. The only deed polls acceptable when giving a notice of marriage are those which have been registered with the Supreme Court of Deeds at the Royal Courts of Justice and further information on this can be obtained from the Royal Courts of Justice on 0207 947 6000.
There is no requirement for a change of name to be legally documented, you can acquire a right to a new name by usage and reputation. However you may well encounter difficulties with banks, insurance companies, passport applications etc if there is no official notification of the change of name.
For further information or to discuss specific cases please telephone the Bradford Office or Keighley Office or contact us online, contact details can be found here.
