Who must consent to a child's name change

To change the name of a child under 16 in Northern Ireland, everyone with parental responsibility for them usually needs to agree.

They show their agreement by signing the child deed poll, which is the legal document that changes the child's name.

Who has parental responsibility

Parental responsibility is the legal right to make decisions about a child's upbringing, including their name.

A mother always has parental responsibility. A father has it if:

• he was married to the mother when the child was born
• he is named on the birth certificate, for births registered in Northern Ireland on or after 15 April 2002
• he has a parental responsibility agreement or court order

Adoptive parents, appointed guardians and anyone given parental responsibility by a court also have it.

Whose agreement you need

If both parents have parental responsibility, both must agree. This applies even if they are separated or divorced, the child lives with one of them, or one parent has little contact with the child.

If only one person has parental responsibility, only they need to agree. For example, the father may not be named on an older birth certificate, or one parent may have died.

If more than 2 people have parental responsibility, such as both parents and a guardian, they all need to agree.

If you are not sure who has parental responsibility

Check the child's birth certificate, any court orders about the child, and any adoption papers. If it is still not clear, a solicitor can advise you.

You are responsible for making sure everyone who needs to agree has done so before you apply.

When not everyone needs to agree

If someone has lost parental responsibility because of a court order, they do not need to agree.

If you have adopted the child, the birth parents usually lose parental responsibility. Check your adoption order to see whether anyone else needs to agree.

If someone does not agree

You cannot change the child's name by deed poll without the agreement of everyone with parental responsibility, unless a court gives permission.

If someone does not agree, you can:

• try to reach an agreement, for example through mediation
• apply to a court for permission
• wait until the child is 16, when they can change their own name

A court will decide based on the child's best interests. Find out more about what to do if the other parent does not consent.

How agreement is shown

Everyone with parental responsibility signs the deed poll. Their signatures show that they agree.

If only one parent signs, some organisations may ask for evidence when you update the child's records. For example, a court order about parental responsibility, or a death certificate if a parent has died.

If you are a stepparent

Being married to a child's parent does not give you parental responsibility for them. You need the agreement of everyone who has parental responsibility, or you can apply for parental responsibility yourself.

If the child is 16 or 17

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

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.