You may have heard recently the breaking news that Kim Kardashian and Kanye West are expecting their second child. Kim and Kanye have decided to extend their family. It is one of the happiest times in their lives. One of their first feelings would have been excitement. This was apparently closely following by the burning desire to pick a name. Apparently they have opted for the unusual “South West”: for them it was an obvious choice for the soon to be sibling of North West.
But what happens if all is not familial bliss? What if one party wants to change their child’s name?
In Scotland both parents have parental rights and responsibilities if the child was born to married parents, or if they were born after 4 May 2006 and the father is named on the child’s birth certificate.
We are frequently asked, by separated parents, whether they can change their child’s surname. The answer depends on whether both parents have parental rights and responsibilities. If both parents do, then both need to consent to the change of name. Otherwise a court action would be required to obtain a court order which would enable the Registrars to change the child’s name on their birth certificate.
Some parents want to change their child’s name but know that the other parent won’t consent and don’t want to raise a court action. In those circumstances, a child’s name may be changed by way of a Statutory Declaration. The parent who wants to change the child’s name would need to consult a solicitor for advice.
The effect of a Statutory Declaration would be to allow the parent to register/change the child’s name with institutions such as nursery, school, GP, dentist, bank etc. A Statutory Declaration does not change the name on the child’s birth certificate. It is, however, a formal recognition and acceptance that the child is known by another name and that will continue to be so.
The Drummond Miller Family Law Team is extremely experienced in dealing with all aspects of Family Law including financial matters and issues regarding contact and residence of children on separation and divorce. If you would like further information and advice please get in touch with our experienced Family Law Solicitors in Edinburgh, Dalkeith, Musselburgh and Bathgate.