Can you change your child's surname after a divorce?

Changing a child's name after a divorce may be considered for many reasons, including removing a connection to a parent who is no longer involved.

It is typical for a child's name to be kept the same after a divorce and a change must be considered carefully as it can impact on the child's sense of identity. The change may make the child feel more included if the new family unit has a different surname, however it could also remove a connection to another parent.

There is no automatic change to a child's name in the event of a divorce, new marriage or new partnership. The changing of a name is a legal process, and the Court has a duty to decide what is in the best interests of the child.

If a child is under 16, a request to change their name is only successful if everyone with parental responsibility gives consent. If a person with parental responsibility does not agree to the name being changed, an application can be made to the court requesting a Specific Issue Order. Through this order, it would need to be proven that changing the child’s name meets the welfare criteria and is in the best interests of the child.