Changing a child’s name is a significant decision that involves several legal considerations. In England and Wales, the process of changing a child’s name is governed by specific rules to ensure that the change is in the best interest of the child. Once a child has reached the age of 16, they are able to change their own name.

However, prior to this, the child’s name can only be changed by agreement of everyone with Parental Responsibility, or by an order of the Court. If an application to the Court is made, the Judge would need to consider whether the name change is in the child’s best interest, accounting for several factors.

Issues surrounding a child’s name can occur in several circumstances, such as when parents have separated, or when the child does not identify with their assigned gender given at birth but is not old enough to change their own name. In respect of transgender / non-binary children, this is an evolving area of law due to the sensitive nature and often polarised views on the subject.

However, a recent landmark decision by the Court of Appeal in the case of C (A Child) (Change Of Given Name) [2024] EWCA Civ 1582, highlights the developing understanding of children’s gender identity, as well as the importance of a their wishes and feelings in determining such issues.

Background

The case concerned a child, referred to as “C,” who identifies as non-binary. C, diagnosed with Complex Regional Pain Syndrome (CRPS) and Autistic Spectrum Disorder (ASD), expressed a desire to change their given name to a gender-neutral one. This request was initially dismissed by the Family Court, leading to an appeal by the Children’s Guardian.

The Dispute

C’s parents were divided on the issue. The mother supported C’s wish to change their name, while the father opposed it, concerned about C’s maturity and the potential implications of endorsing their non-binary identity. The father also opposed any gender-related medical treatment for C, fearing irreversible consequences.

Legal Considerations

The Court of Appeal had to determine whether the initial judgment erred by focusing too narrowly on not endorsing C’s non-binary status, rather than considering the broader welfare aspects of the application. The welfare principle under the Children Act 1989 was central to this decision, emphasising that a child’s welfare should be the Court’s paramount consideration.

The Court’s Decision

The Court of Appeal allowed the appeal, permitting C to legally change their given name. The judgment highlighted several key points:

  1. Respecting C’s Wishes: The court recognised that C had been using their chosen name socially for over three years; a significant period in the life of a 15-year-old. This demonstrated a strong and consistent preference that warranted legal recognition.
  2. Welfare and Identity: The court emphasised that the name change was not solely about gender identity but also about C’s social identity and comfort. The decision acknowledged C’s emotional and psychological needs, which were crucial for their overall welfare.
  3. Article 8 Rights: The judgment underscored C’s Article 8 rights under the European Convention on Human Rights, which protect the right to respect for private and family life. The Court found that C’s right to control their name and identity outweighed any potential drawbacks.
  4. Parental Conflict: The court noted that the ongoing conflict between C’s parents should not impede C’s right to have their chosen name legally recognised. The decision aimed to provide C with a sense of stability and autonomy, independent of parental disputes.

Conclusion

This landmark ruling is a testament to the evolving understanding of gender identity. By granting permission for C to legally adopt their chosen name, the Court of Appeal has set a precedent that respects the autonomy and identity of young people, particularly those navigating complex personal and social challenges.

However, circumstances can vary for each individual child and is therefore important to seek specialist legal advice when dealing with issues relating to children.

How FJG Can Help

At FJG, we pride ourselves on delivering bespoke legal advice tailored to your unique circumstances.

Joel Tyson is a Solicitor-Advocate in our Family team specialising in divorce & separation, private children law and domestic abuse.

If you have any queries on the above subject, please do not hesitate to get in touch with Joel on 01206 217588 or complete our online enquiry form.