can my ex change my sons name

[hardupandski]

i was married to my sons mother for 4 years my name is on my sons birth ive always had contact with him and always paid for him next year she is getting married again and i want to know if she can change his surname without my say so.this question is very close to me so please any answers please make them real and not just heresay yours john

[sam100]

Does it not come under the same jurisdiction as adoption and i believe this needs both people who are mentioned on the birth certificates permission?

[eyore]

hi your wife can change his name by deed pole,or she can just change it by say so then in three years if he is known only by that name legaly that will be his name,i have been through this and at the end of the day what ever the last name is he is still your son.

[auzzie]

Your ex and her new husband can adopt your son and call him whatever they want. He would then become his legal guardian and all maintenance payments would stop. It can be done with or without your permission. ( I did it without permission from my ex, but it was not hard to prove he was a lousy father!) Obviously the harder you fight the more difficult it would be, but it would not necessarily stop the adoption. And as eyore says they can do it by deed poll or just change it. There is nothing you can do to stop that.
Has she told you that she is going to do that or are you just worried about it? You need to talk to her and let her know how you feel. If you are a good father, i hope that she would recognise this before doing anything rash. You might be worrying over nothing. Good luck and i hope it turns out ok for you and your son.

[katangel26]

I thought if the fathers name was on the birth certificate his permission was needed

[Ethel]

Please don't frighten the OP unnecessarily.

As you were married to the mother of your child, it would be extremely difficult for the step parent to adopt your child without your agreement.

The court can dispense with your agreement but only if there is a VERY good reason. As you have regular contact with the child and have supported him this would be highly unlikely.

The reasons your agreement can be dispensed with are any of the following:

The parent or guardian cannot be found or is incapable of giving agreement;
* The parent or guardian is withholding his agreement unreasonably;
* The parent or guardian has persistently failed without reasonable cause to discharge his parental responsibility for the child;
* The parent or guardian has abandoned or neglected the child;
* The parent or guardian has persistently ill-treated the child or
* The parent or guardian has seriously ill-treated the child.

Regarding name change - have a read of this:
http://www.yourrights.org.uk/cgi-bin/ubb/ultim atebb.cgi?ubb=get_topic;f=19;t=001672

[Pippa68]

Thanks for your reply Ethel ~ you are correct of course!

No way can this happen..if it did it would have to be in VERY extreme circumstances. hardupandski ~ you have legal parental responsibility so your consent will be needed if your ex wants to change your sons name. If she does this without your consent she is breaking the law.