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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11559
Experience:  30 years as a practising solicitor.
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I have recently married the father of my 2 children. As both

Resolved Question:

I have recently married the father of my 2 children. As both my children have my maiden name and I am now using a double barrelled name I believe that I need to get a Statutory declaration written up to allow me to apply for passports for the children in the same name as mine. Please can you advise me as to how this needs to be worded. Many Thanks
Kind regards XXXXX XXXXX
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

If you want to change the names of your children to reflect your name, ie, they would take your double barrelled name then you can do so by making application to the General Register Office for Scotland by following the link attached:

http://www.gro-scotland.gov.uk/regscot/change-of-name.html

If the children have not held passports before then a statutory declaration is not required as the application will proceed on the new birth certificate issued by the General Register Office for Scotland. If they have had passports before and you are renewing these then let me know and I will assist you further.

However what you can't do is apply for a passport in names other than those on the birth certificate just so that their names match yours. You need to have their names changed and then apply for their passports.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi, thanks for the response. I can confirm that both children have passports. We have been told that a statutory declaration is required and are looking for assistance on the wording of such a declaration.

Hope this helps,

Thank you
Expert:  JGM replied 3 years ago.
There are two correct scenarios here that you should follow:

1. You have, or intend to change their names, to match yours by way of application to the GRO and then renew their passports, or,

2. You are going to travel with the children on their existing passports but need a statutory declaration in the event that the different names are XXXXX XXXXX travel.

You should NOT change their names on their passports to a name other than that which is on their birth certificate. This will cause difficulties for them at later stages in life.

However the wording of a Statutory Declaration would be:

Date, place etc

1. I make this declaration solemnly and sincerely XXXXX XXXXX Statutory Declarations Act 1835.

2. My birth name isXXXXX married my husband, BY, on (date). My married name is AX-Y.

3. My husband is the father of my two children, CX and DX. From the date of our marriage the children have been known as CX-Y and DX-Y.

4. My husband consents to the children's change of name to CX-Y and DX-Y.

Sworn by AX-Y in the presence of. Notary Public of place on date"

Your husband will also have to swear a similar Affidavit consenting to the change. Both need to be sworn before a solicitor who is also a Notary Public.