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Family Matters – Legal Considerations for Parents and Carers

Becoming a parent can also be all consuming, but there are a number of legal matters you should

What’s in a name? Our guide to changing your name following a separation

Published: 01 April 2022
Time to read: 4 mins

One of the most common practical changes following a separation or divorce/dissolution of civil partnership is to change your surname.  You may wish to change your own surname or that of your child. It may be that you want to revert back to using your original name and want your child to have the same surname as you, or  you may want  your child to have the same surname as your new partner/spouse and any other children you may have. We have prepared a useful guide to this process and can advise on whether consent is needed from your child’s other parent in order to change theirs.

Changing your own surname

Changing your own surname should be straightforward. If you no longer wish to be known by the name you assumed on your marriage/civil partnership, you can simply let people and organisations know that you want to be known by a different name. Nothing “formally” needs to be done to change it, unless you previously changed your surname through National Records of Scotland and your birth certificate was amended, in which case you will need to go back through that procedure to change it again.

You may find that more formal organisations such as banks may want to see a copy of your marriage certificate and/or decree of divorce/dissolution of civil partnership to explain the change.

Changing your child’s surname

If your child is under the age of 16, you will need consent from anyone who shares parental rights and responsibilities (“PRRs”) for them. When trying to reach agreement about any change, the focus should be on what is in the best interests of your child. It may also be appropriate to ask your child for their views on the change. If you are the only person with PRRs then you do not need consent from anyone else. If your child is aged 16 or over they will need to change their name themselves.

I’ve got the required consent – how do I change it?

If your child was born in Scotland, or there is an entry in Scotland in the Adopted Children Register or Parental Order Register, you can change their surname by completing an application form from the National Records of Scotland. The application form must be completed and signed by:

(a) you if you are the only person with PRRs or

(b) you and the other parent if you both have PRRs.

A fee is payable when submitting the application form. This is a formal change of name and any birth certificate issued after the change will show your child’s new name, with their original name shown separately.

You can also record your own change of name or change of your child’s name informally by way of a Statutory Declaration. You can sign this document  on behalf of your child (if they are under 16) in the presence of a Notary Public.

The other parent won’t agree – what can I do?

Your child’s other parent (if they have PRRs) must be consulted and so it is always best to start by trying to open a dialogue with them to see if agreement can be reached. You may wish to consider using  mediation which provides a  a helpful setting to have often challenging  conversations. You could also consider whether a double-barrelled surname may be something your former partner would agree to, if it is something that you think would be in your child’s best interests.

If you have exhausted all avenues and the other parent does not agree to the change, then you will need the consent of the court. That will require raising a court action and the other parent will be notified and given the opportunity to oppose the name change. The court’s main consideration will be what is in the best interests of your child. Are they old enough to have any understanding of the significance of their surname? What effect  will a change (or not changing it) have on them? Will it be confusing for them? Have they expressed a view about whether they want their name to change? The court will expect you to have taken steps to obtain the consent of the other parent and to have given them an opportunity to consider and reflect on your proposal before raising the court action.

What happens if the other parent has changed my child’s surname without my consent and won’t agree to changing it back?

In these circumstances, you will need to apply to the court for an order requiring the name to be changed back.

If you have any queries about a change of name, please get in touch with a member of our family law team here.

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