What name should I give my child and can it be changed?
A ruling from Italy has overturned the tradition that newborn babies should be given their father’s surname. In this article, we delve into how you can change your child’s name.
Newborns are instead to be given the surnames of both their father and their mother, with the parents able to decide on the order of surnames, or able to decide if the baby should take just one surname.
In England and Wales, the naming system is recognised as one of the most liberal in the world. Provided that the surname (or indeed first name) is not vulgar or offensive, parents can choose any name for their child. Traditionally, the child may have been given the father’s surname, but we are seeing more often mother’s surnames, or indeed a combination of the two, either double-barrelled or amalgamated.
It is positive, too, that this gives consideration to modern family structures, where parents may be both male or both female, trans, or non-binary.
One query raised is whether the level of choice available in England and Wales, and now Italy, makes the process confusing or more challenging for families. Whilst some parents may be very clear from the outset about the name their children should have, others may be undecided. With the name of the child needing to be registered within tight timescales, it is no surprise that some parents wish to change their child’s name later.
How can I change my child's name?
Is it therefore possible to change a child’s name? The short answer is yes. All people with parental responsibility for the child will need to agree, and if this is the case, a deed poll can be completed and submitted. This applies to both forenames and surnames.
In the absence of agreement, an application to the Court will need to be made, and the Court will conduct the usual exercise to determine what is in the child’s best interests. This will involve consideration of (amongst other factors) the child’s age and understanding, whether the child is able to express a view (their wishes and feelings), the likely effect on the child of any change, and any relevant characteristics, for example religious or cultural considerations. For a very young child, it may be that the change is permitted, as the child will not yet know their name, but for an older child, more careful thought may have to be given to the effect on them.
Whatever the circumstances, naming a child is an important responsibility, and parents who wish to change a child’s name have options available to them. If you would like any information on how to change your child’s name, please contact one of the Family team.
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