Changing child's surname

[hmc]

My daughter is 1 & half. I split from her dad when she was 4months old. Unfortunately he is named on her birth certificate and she has his surname. He saw her twice after we split, but hasn't bothered since. He has never paid any child support. He ignored her first christmas and birthday. He's now moved abroard (probably to avoid CSA!) and since he's an alcoholic dropkick, I don't expect we'll see or hear from him again.

So I want to change my daughters surname to same as mine but the law states that I need his consent. You can get a court order if the father is not contactable and has no 'quality contact'. Do I have to wait a certain amount of time before applying? (Is 1 year long enough?)

[little coojy]

i changed my 3 childrens surname recently, had much same situation as you, hasn't botherd with them for years,into drink and drugs, i went to the soliceter who did my divorce and got them changed there is a charge, i paid �200 for all 3 kids and myself. i didnt get x's consent don't no where he is, my name change was straight forward, with the kids what i did was use x's surname but as a middle name then my maiden name as new surname, this was with sol advice as if he heard and complained, the court would see that i hadn't disused the name completley, but it is not used anymore as a surname, just a silent middle name, like most middle names. it took about 2 weeks to complete.

[tracyh]

hi there, i too changed my childrens surname. it cost me nothing, a birth certificate i believe can never be altered, i have certified docs stapled to birth certs to show legal name change, i was on a low income at the time i did this so i was entitled to legal aid (do people still get this?)

[lynnod]

hi there. i changed my daughters surname to be the same as mine recently due to very similar circumstances. i informed the school doctors etc but i could not change it at the bank or get a passport in her new name BUT-if you keep two letters from the time of change(or you may be asked to put an announcement in the newspaper)-two years later-you can apply for a birth certificate ammendment at the registry office. you will then get an abrieviated certificate, allowing you to get passports etc in her new name.only thing is if the father contests your child will only be able to be "known AS" with her new name. still as good if you ask me-my daughter is delighted with her new name-she is only 8.

[Deppster]

This is all to do with PARENTAL RIGHTS AND RESPONSIBILITIES. If the father has them (either through an agreement signed by you or by applying and getting a Parental Rights Order through a court) then you technically have to ask his permission. If you can't find him (or don't want to ask his permission) then you can go to a solicitor and apply to court to have the father's parental rights removed. This can be done when the father has had no contact for a period of time etc. The notice of this action would be posted at your local court and if the father did not object then the order would probobly go through in about 8 weeks. Then you are free to change your child's birth certificates to anything you choose (as long as you show evidence that you are using/have used new name(s) for a certain length of time.

Of course if the father does not have parental rights then you don't need his permission (even if his name is on the birth certificate) Unless the child was registered or re-registered after May 2006, as now the law has changed - as father's who's names appear on the birth certificates of children registered after May 2006 now have automatic parental rights and responsibilites.