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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1494
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My son has his fathers surname, he is named on his birth

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My son has his fathers surname, he is named on his birth certificate. I have a different surname. I am aware I need his fathers permission to change his surname by deed poll but what if his father is changing his own surname? Can I apply to court to have my sons name changed to mine without his fathers permission?

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Firstly you need to know that the courts are very against changing the childs surname as this is considered to be the childs heritage.

Whilst the above is the starting point, if the father is also changing his name to something else then a court might consider that it is in your childs best interests for the surname to be changed to your family name.

The court will invite the father to such a hearing and ask his opinion when making its decision so his opinion would be sought.

kind regards

Caroline

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Customer: replied 5 months ago.
Thank you, ***** ***** this might be the case.