Change of Name Deed

Child Deed

If the change of name is for a child, under the age of 16 years old, all parties with Parental Responsibility (PR) are required to provide their consent. The parties are also required to sign the Deed, and have their signatures witnessed by an independent person; someone who is over the age of 18, a British Citizen residing in the UK, somebody who is not a family member, or anybody living with you.

Parental Responsibility is acquired automatically for biological birth mothers. Biological fathers have Parental Responsibility if they were either a) married to the mother at the time of child’s birth or b) registered on the birth certificate. If neither apply, the father would not have Parental Responsibility and therefore, the father’s consent would not be required.

Adoption documents would be required, if applicable.

If consent cannot be obtained from all parties with Parental Responsibility, it would be recommended to obtain legal advice from a solicitor to discuss your options.

If a child aged 16 or 17 years old wishes to change their name, they do not need their parents (or persons with Parental Responsibility) consent.

Adult Deed

Upon marriage, you do not require a change of name Deed to adopt your spouse’s surname. Evidencing your marriage certificate would be sufficient evidence for companies/organisations to effect a change of surname.

The most common reason for an adult change of name is upon divorce, however a change of name Deed may not always be required in these instances.

If you are simply reverting to a maiden name on divorce, evidencing a Final Order of Divorce (or Decree Absolute, as formally known), together with either your marriage certificate (if the marriage certificate includes your birth name), or birth certificate, is usually sufficient to evidence use of a maiden name prior to marriage. You can therefore provide the Final Order of Divorce or Decree Absolute, which legally ends the marriage, together with your birth or marriage certificate to the necessary companies/organisations to enable them to effect your name change.

All that would be required to effect a change of name in these circumstances would be to contact the specific company/organisation and ask what their procedure is regarding a change of name. It is usually a form filling exercise, and providing evidence of a name change, as mentioned above.

However, a Change of Name Deed would be required in the event that you are not simply reverting to your maiden name, rather you wish to change your name to a different surname, wish to add or remove a middle name, or you have been known by names other than your birth name/maiden name prior to marriage.

‘Enrolled’ or ‘Unenrolled’ Deed

Enrolment of a Deed with the Royal Courts of Justice (RCJ) simply means that the change of name will become public record, and the change of name will be published in The Gazette. You can only enrol a change of name Deed for yourself if you are over the age of 18. There is an enrolment fee of £49.32 if you wish to enrol a Deed with the RCJ.

Enrolment of a Change of Name Deed is not essential unless you have been advised of this requirement.

An unenrolled Deed is still suitable to effect a change of Name Deed with companies and organisations, including but not limited to:

• HM Revenue and Customs;
• HM Passport office;
• DVLA;
• Local Authority (Council tax and electoral register);
• Your employer;
• Your bank or building society;
• Your mortgage provider;
• Your pension providers;
• Your Doctor / Dentist; and,
• Utility companies (gas, water, electricity providers).

Additional requirements

If in the event you are a registered offender, i.e.

• Sex offender
• Violent offender
• Terrorist offender

You must inform the police of your change of name within 3 days by attending your prescribed Police Station. Failure of notification in these instances is a criminal offence and may result in a custodial sentence.