Change of Name
Any person who is 18 or over can change their name as they like. Many women who are divorced choose to revert to their previous name, but they do not have to. The difficulties arise when a mother decides to change the name of the children, which may be to her maiden name or that of a new partner. If a Residence Order has been made, she cannot do so without the father's consent; even if they were not married, but the children have their father's name, the mother may be prevented from changing the name without the father's consent, even years later, if she did it secretly.
The best way to change a name is by deed poll, a simple document that satisfies all the Passport Office's requirements. For a child under 16 (there are special rules about 16-17 year olds) any parent with parental responsibility can sign the deed, but it should also have the other parent's consent. If the other parent will not consent, then a court can do so instead.
In making its decision, the court must follow the welfare checklist. But the Court of Appeal on several occasions has ruled that the court should particularly take into account the importance of the child's identity and "recognition of the biological link with the child's father". Changing the name just because the mother has changed hers, will not generally carry much weight. There is no doubt that this applies not just to children of married parents but also to those who have had their unmarried father's name from birth.