Minor's Change of Name Deed UK: Parent's Guide

At a glance

• Who must consent: everyone with parental responsibility for the child. GOV.UK's guidance on parental responsibility lists naming the child, and agreeing to any change of name, as one of its core duties, and treats it as a "major decision" requiring written agreement from everyone who holds it.
• When it's a strict legal requirement, not just guidance: under section 13 of the Children Act 1989, if a child arrangements order dealing with who the child lives with is in force, no one may give the child a new surname without the written consent of every person with parental responsibility, or the leave of the court.
• Two routes GOV.UK recognises: an unenrolled deed (usually prepared with a specialist deed poll agency or a solicitor, or privately using a document like this one) or enrolment with the High Court using forms LOC022, LOC023, LOC024 and LOC028.
• Enrolment is optional, not required. Most parents rely on an unenrolled deed, which is accepted by the passport office, schools, the NHS and banks.
• If someone won't agree: GOV.UK says you must try to reach agreement first, then a parent can apply for a specific issue order under section 8 of the Children Act 1989 using form C100. The court decides by reference to the child's welfare.
• The birth certificate is never changed. A deed poll changes the name the child uses; it does not alter the birth register entry.

What this document is

A Minor's Change of Name Deed is a written declaration that formally records a change to the name of a child under 18. It is signed by the person or people with parental responsibility rather than by the child. The deed states the child's old name and new name, and contains undertakings from the signing adults that the new name will be used going forward in all dealings and records relating to the child.

To be effective the document must be executed as a deed, which means it is signed in the presence of an independent witness who also signs and provides their details. Once signed, the deed can be kept privately as an unenrolled deed poll, which is how most parents use it, or submitted for enrolment with the High Court, where it becomes part of the public record and is published in The Gazette.

Who must consent, and why the rule is stricter than for other decisions

Parental responsibility gives a parent or guardian the legal rights and duties for a child's upbringing, and GOV.UK is explicit that most day-to-day decisions do not need everyone with parental responsibility to agree. Changing a child's name is treated differently: GOV.UK's guidance on parental responsibility names it directly as one of the responsibilities that comes with holding parental responsibility, and states that for a major decision like this "everyone who has parental responsibility must agree in writing."

Where the family already has a child arrangements order in force dealing with who the child lives with, this becomes a hard statutory rule rather than just guidance. Section 13 of the Children Act 1989 provides that no person may cause the child to be known by a new surname, or remove the child from the United Kingdom for more than a month, without either the written consent of every person with parental responsibility or the leave of the court. Where no such order exists, section 13 does not technically apply, but GOV.UK's enrolment process still requires the same consent, or a court order, before a change will be recorded - so in practice, the safe assumption for any parent is that everyone with parental responsibility needs to be on board, whether or not a court order regulates where the child lives.

Who counts as having parental responsibility matters here. Under section 4 of the Children Act 1989, a mother automatically has it from birth. A father automatically has it if he was married to the mother at the time of the birth, or, for births registered in England and Wales from 1 December 2003 onwards, if he is named as the father on the birth certificate. Anyone else - a step-parent, second female parent, or a person named in a child arrangements order as someone the child lives with - generally needs a court order or a parental responsibility agreement.

The two routes GOV.UK recognises

GOV.UK sets out two distinct ways to change a child's name, and it's worth understanding both before you start.

An unenrolled deed. This is a private document, not filed with any court. GOV.UK describes it as typically prepared through a specialist deed poll agency or a solicitor. In practice, what actually makes an unenrolled deed effective is that it is properly executed as a deed - signed by everyone with parental responsibility and witnessed - not the identity of who drafted it, which is why many parents complete a document of this kind themselves and present it directly to the passport office, school, GP surgery or bank as evidence of the change.

An enrolled deed poll. This puts the change on the public record kept by the King's Bench Division at the Royal Courts of Justice. GOV.UK's current process for a minor requires four forms: LOC022 (the deed itself, signed in front of two witnesses), LOC023 (an affidavit of best interest, completed by someone with parental responsibility), LOC024 (a statutory declaration) and LOC028 (an exhibit cover sheet), with LOC023, LOC024 and LOC028 signed in front of a solicitor or other authorised witness. You can apply online or by post; there is a court fee (check the current amount on GOV.UK, as fees change). It can take several weeks, and GOV.UK suggests waiting 16 weeks before chasing an update. Once enrolled, the child's new name is published in The Gazette - if there's a strong reason not to publish it, you can explain this in the application, and a judge may agree to publish only the first name or surname.

See our guides on the Affidavit of Best Interest and the Statutory Declaration for a minor's deed poll if you're considering the enrolled route, since both are required alongside the deed itself.

If someone with parental responsibility won't agree

GOV.UK is direct on this point: to enrol a deed poll you need either the agreement of everyone with parental responsibility or a court order, and "you must try to reach an agreement before you seek a court order." The same practical reality applies to an unenrolled deed - proceeding without full agreement risks the deed being challenged or simply not accepted by institutions later.

If agreement genuinely cannot be reached, a parent can apply to the family court for a specific issue order under section 8 of the Children Act 1989, using form C100 (there's a court fee to apply, which you may be able to get help with if you're on benefits or a low income - check current figures on GOV.UK). The court's paramount consideration is the child's welfare, under section 1 of the Children Act 1989. The House of Lords considered exactly this kind of dispute in Dawson v Wearmouth [1999] UKHL 18, holding that a parent applying to change a child's surname must make a positive case that the change is in the child's welfare interests, and that an already-registered or long-used name is a relevant factor for the court to weigh, though not on its own decisive. Each case turns on its own facts.

Worked example

Priya and Tom separated shortly after their son was born and were never married; Tom is named on the birth certificate, so both hold parental responsibility. Priya wants their son to use her surname, matching his half-siblings; Tom objects, wanting his son to keep the registered surname linking him to his father. No agreement is possible, and there is no child arrangements order dealing with where the child lives, so section 13 does not strictly apply - but because a name change is treated as a major decision requiring everyone's consent, Priya cannot simply proceed without Tom. She applies for a specific issue order using form C100. Applying the welfare test from section 1 of the Children Act 1989, the court weighs factors including the importance of the child's link to his father, the fact that the name is already registered and in use, and the practical realities of Priya's household - consistent with the approach the House of Lords required in Dawson v Wearmouth. Nothing here is automatic in either parent's favour; the outcome depends on the specific facts put before the court.

How to use this document

1. Confirm who holds parental responsibility. Work out exactly who has parental responsibility for the child - this usually includes the mother, the father if married to the mother at the time of birth or named on the birth certificate for registrations from 1 December 2003 onwards, and anyone holding a relevant court order.
2. Get written consent from everyone with parental responsibility. If one parent refuses or cannot be contacted after reasonable efforts, do not simply proceed without them. You may need to apply to the family court for a specific issue order under section 8 of the Children Act 1989. Pushing ahead without full consent can make the deed ineffective and cause problems later with passports and schools.
3. Prepare the deed with the correct wording. The document should clearly set out the child's full former name, the full new name, the date, and declarations that the signatories renounce the old name and will use the new name in all records and dealings. The child's age and the fact they are unmarried are typically stated, and each person signing confirms their authority to do so.
4. Sign as a deed in front of an independent witness. Each person with parental responsibility signs the document, and each signature is witnessed by someone who is not a family member or beneficiary - ideally a professional person such as a solicitor or accountant. The witness prints their name, adds their address and signs alongside. A deed that is not properly witnessed may not stand up to scrutiny.
5. Decide whether to enrol. If institutions you deal with will accept an unenrolled deed (most will), you can stop here. If you want the change on the public record - for example, for extensive travel or dealings abroad - follow GOV.UK's enrolment process using forms LOC022, LOC023, LOC024 and LOC028.
6. Notify the institutions that matter. Send certified copies or the original to HM Passport Office (to update the child's passport), the GP surgery, the school, HMRC for Child Benefit purposes, banks holding accounts in the child's name, and any other body that holds records. Keep the original safe - it is the evidence of the change.

This guide provides general information about changing a child's name by deed poll in England and Wales. It is not legal advice and is not a substitute for advice tailored to your specific circumstances - in particular, whether a court is likely to grant or refuse a specific issue order depends heavily on the facts of your family situation. Reading this guide does not create a solicitor-client relationship, and LegalDocuments.co.uk is not a law firm and is not regulated by the Solicitors Regulation Authority. The law described was accurate as at August 2026 and is subject to change - always check GOV.UK and legislation.gov.uk for the most current position, or speak to a regulated adviser about your circumstances.

Last reviewed: August 2026 · Next review due: August 2027 or on legislative change.