If the other parent does not consent to a name change

If the other parent has parental responsibility and does not agree, you cannot change your child's name by child deed poll in Northern Ireland. You will need their agreement or a court's permission.

In some situations, the other parent's agreement is not needed.

When the other parent needs to agree

If both parents have parental responsibility, both must agree. This applies even if you are separated or divorced, your child lives with you full time, or the other parent has little or no contact with them.

When their agreement is not needed

You do not need the other parent's agreement if:

• they do not have parental responsibility
• they have died
• a court has removed their parental responsibility
• a court has given you permission to change your child's name

For example, a father may not have parental responsibility if he is not named on an older birth certificate and has no agreement or court order. Find out more about who must consent.

If the other parent has died, some organisations may ask to see a death certificate when you update your child's records.

Trying to reach an agreement

Family mediation can help you and the other parent reach an agreement. It is usually quicker and cheaper than going to court.

It can help to understand why the other parent objects. For example, they may worry about being left out of your child's life, or the current name may have family or cultural meaning to them.

Applying to a court

If the other parent will not agree, you can apply to a court for permission. In Northern Ireland, this is called a Specific Issue Order, under the Children (Northern Ireland) Order 1995.

The court will decide based on your child's best interests. It may consider:

• your reasons for the change
• the other parent's reasons for objecting
• the effect on your child, including their relationship with both parents
• your child's own wishes, depending on their age and understanding
• how long your child has used their current name

The court will not automatically side with the parent your child lives with.

You will need to fill in an application and pay a court fee, and you may need to attend one or more hearings. The other parent will be told about the application and can respond. The process can take several months.

Waiting until your child is 16

At 16, your child can change their own name without anyone else's agreement. Find out more about changing your name at 16 or 17.

If you cannot contact the other parent

You cannot change your child's name only because the other parent is out of contact. If they have parental responsibility, they still need to agree.

Make genuine efforts to contact them and keep a record of each attempt. If you still cannot reach them, you can apply to a court for permission. The court will want to see evidence of your attempts.

Signing for the other parent

You cannot sign the deed poll on the other parent's behalf. A deed poll signed without the right agreement can be challenged, and organisations may refuse to accept it.

Getting legal advice

Speak to a family law solicitor if you are thinking about applying to a court, are not sure who has parental responsibility, or the other parent has threatened legal action.

Apply for a deed poll

It costs £25 to apply for a deed poll with the NI Deed Poll Office. You can pay by debit or credit card.