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Statutory Declaration for Minor Deed Poll UK

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Part ofDeed Poll UK

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Changing a child's name in England and Wales usually involves a deed poll, and in some situations that paperwork needs to be backed up by a supporting statutory declaration. This additional document is sworn by someone outside the immediate family who can vouch for the child and the parents. It often crops up when one parent is unavailable, uncontactable, or has not given consent, and the other parent needs to demonstrate to institutions such as schools, passport offices, or banks that the name change has been made properly. On this page I walk through what the declaration does, who can make one, what information needs to go on the form, and where the process typically fits into a wider name change for a child. If you want to talk the situation through before you commit, you can book a call with an experienced legal adviser at the end of the page.

What this document is

A statutory declaration is a written statement of fact, formally sworn in front of an authorised person such as a solicitor, a commissioner for oaths, or a notary. It sits under the Statutory Declarations Act 1835 and carries legal weight because knowingly making a false declaration is a criminal offence.

In the context of a deed poll for a minor, the declaration is typically used to support a change of name where full parental consent cannot be obtained or where a third party needs to confirm details about the child's family circumstances. The person making the declaration (the declarant) is usually an independent adult who has known the parents for a long period, often a decade or more, and who can confirm what they know to be true about the child, the parents, and the proposed name change.

Once signed and sworn, the declaration becomes a formal exhibit that can be shown alongside the deed poll to record holders who need extra reassurance before updating a child's name on their systems.

How to use this document

  1. Check whether a declaration is actually needed. Many children's name changes go through on a straightforward deed poll signed by everyone with parental responsibility. A statutory declaration tends to come in where consent is missing, disputed, or hard to evidence. Work out which situation applies before preparing any paperwork.
  2. Identify a suitable declarant. The person swearing the declaration should be an independent adult, not a parent of the child, who has known the family for a long time. They will typically need to confirm their nationality, their status as a long-standing acquaintance, and their willingness to put their name to a sworn statement.
  3. Gather the underlying information. You will need the child's full current name, the proposed new name, the date and place of birth, the parents' full names, and details confirming the child's nationality. The declarant will also need to record their own full name, address, and occupation on the form.
  4. Complete the declaration document carefully. Fill in every field accurately and make sure the wording reflects the actual facts. Do not sign or date it yet, the signature and date must go on in front of the authorised witness, not beforehand, or the declaration will not be valid.
  5. Swear the declaration before an authorised person. Take the completed but unsigned document to a solicitor, commissioner for oaths, or notary. They will ask the declarant to confirm the contents are true, witness the signature, sign and stamp the form themselves, and charge a fee for doing so. Keep the original safe and make certified copies where organisations require them.

Common questions

If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Common questions

Q When is a statutory declaration needed for a child's deed poll?
It is typically used when a deed poll for a child cannot be signed by everyone with parental responsibility, for example where the other parent cannot be found, refuses to engage, or where an organisation updating its records wants extra confirmation of the family circumstances. In straightforward cases with full consent, a deed poll alone is often enough.
Q Who can witness the declaration being sworn?
In England and Wales, a statutory declaration must be sworn in front of a solicitor, a commissioner for oaths, a notary public, or a justice of the peace. The witness must be independent of the matter and will charge a fee for their time. They are responsible for confirming the declarant's identity and hearing them swear the statement is true.
Q Can a parent swear the statutory declaration themselves?
No. The whole point of this kind of declaration is that it comes from an independent third party who can vouch for the family. A parent cannot swear it about their own child. The declarant should be an adult outside the immediate household who has known the parents long enough to speak credibly about them.
Q Does a child's deed poll need to be enrolled at court?
Enrolment at the Royal Courts of Justice is optional and relatively uncommon. Most families use an unenrolled deed poll, which is still legally valid if prepared and executed properly. Enrolment creates a public record and has its own strict requirements, including advertising the change. For most day to day purposes, an unenrolled deed poll is accepted.
Q What happens if the other parent objects to the name change?
If someone with parental responsibility does not consent and cannot be persuaded, a statutory declaration on its own will not override their rights. In a disputed case, the parent seeking the change may need to apply to the family court for a specific issue order. It is worth taking guidance before proceeding if objections are likely.
Q How long does a statutory declaration remain valid?
A declaration does not usually have a fixed expiry date, but organisations updating records sometimes prefer one that is fairly recent. If circumstances change significantly, for example a child reaches adulthood, the document may no longer be the right evidence. If in doubt, a fresh declaration sworn closer to the time is often simpler.
Q Is making a false statutory declaration a criminal offence?
Yes. Knowingly and wilfully making a false statement in a statutory declaration is an offence under the Perjury Act 1911 and can lead to serious penalties. That is why the witness takes the formality seriously and why the declarant is asked to swear the content is true. Only sign if you are satisfied every fact stated is accurate.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.