Changing the name of a child with an SGO

[Skippy]

Our nephew wants to change his name - he has lived with us since last summer and has made it clear that he never wants to see his parents again, both to us and the social worker.

We'd ultimately like to adopt him, but in the meantime, wondered how difficult it would be to get his name changed so his surname matches ours? Parents do not consent, so I am pretty sure we'll have to go to court. Do we need a solicitor to do this, or is it largely an exercise on paper? Has anyone got any experience of this?

[David Roth]

Changing the surname of a child who is subject to a special guardianship order can only be done with the written consent of all those with parental responsibility for the child, or by getting the leave of the court if those people won't all consent.

If everyone with PR is willing to give written consent, then you can apply for a deed poll certificate - your nephew would need this to show that his name had been legally changed from the name on his birth certificate, as the birth certificate itself cannot be changed. His legally correct name needs to be used when enrolling at school, or later when applying for a driving licence or opening bank accounts, although it is OK for him to use a 'known-as' name at school.

You can download the forms for a change of name by deed poll from the Ministry of Justice: https://www.gov.uk/change-name-deed-poll

However, if you want to be sure of completing the forms correctly you could use a solicitor or one of the specialist websites. If you want to get the leave of the court to change your nephew's name, then you would be advised to take legal advice about the process - and I would strongly recommend using a lawyer from the Law Society's children's panel: http://www.lawsociety.org.uk/