Do I need father’s consent to change son’s surname?

January 1, 2013

I want to change my sons surname to the same as mine, but do i need fathers consent?

I gave birth to my son when i was 15years old and his father was 21. He wanted me to have the baby to make us a family but as soon as my son was born he didnt want to know. He didnt turn up to register the birth so my son origionally had my name. When he was 6months old his father said he felt he couldn’t bond with him so we changed his surname to his fathers as i wanted him to be a daddy more than anything. After 2 years, he never gave any interest and we split up.

I tried and tried to get him to come and see his son or pick him up but hes only ever been interested in me and i hate it. my son is now 5 and has seen his dad 5 times in first year and has now gone a full 2 years with no contact. He has no contact with the fathers family either so dosent know anyone with the same surname as him.

My mum has him every other weekend and plays a bigger daddy role than he ever did and i think my son deserves to have the same name as me and his nanny. I do get csa but thats because they take it from him he refused any information or private payment. He clearly sends me messages saying hes will never want to see his son and sometimes that he isnt even his…HAAAAA!

I have deed poll forms but i need a letter from him and i just know i wont get one 🙁 help?


  • Smithy says:

    Yes you will need his consent as he will still have “parental responsibility” for the child. I’m not sure if you’d want to or could try to get this removed as another parental responsibility is to provide money for the child’s upkeep. I’d politely ask schools etc to call him by your own name and get your claim in to the CSA and then leave it to the child themselves to decide what name they want to have legally later in life.

    Hope it helps.

  • Jo says:

    If your son was born pre 2003 then yes you can without his consent even if he’s on the birth certificate and you were not married. Check out the deed poll website all the info is there.

  • Loukaren says:

    Seriousy go to a solicitor not a court in the land who would say he is being reasonable by not letting you or that you are not acting in your child’s best interests. The paramount consideration has to be the child. Keep that in mind also go to see a good family lawyer!!

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