In the case of of C (A Child) (Change of Given Name) [2024] EWCA Civ 1582, 'C' who was 15 had been the subject of contested children act proceedings for some time. There was a 'shared care' arrangement in place which provided for them to spend alternate weeks with each of their parents and for holidays to be divided equally. When C was 12, they told their parents that they were non-binary and wanted to change their name from a 'male' name to a gender neutral name, which they started using informally. They were also referred to Gender Identification Services. This caused a breakdown in their relationship with the father and all contact ceased. Mother applied for a Specific Issue Order to permit C to change their first and surname.
A child's legal name can only be changed via deed poll or, in limited circumstances, through a change of the child's birth certificate. To change a child's name via Deed Poll the consent of each person with parental responsibility (PR) is required whilst the child is under 16. There is also a specific statutory restriction on the child being 'known by a new surname' without consent of everyone with PR or leave of the court where a child arrangements order is in place which specifies who a child lives with.
If you cannot obtain the consent of everyone with PR then you need to make an application to the court for a Specific Issue Order.
Once a child is 16, they can legally change their name via deed poll, however they cannot enroll the deed poll without both parent's consent. Furthermore, if the child is subject to a child arrangements order (which continues until 18 unless discharged), they cannot change their surname without both parents' consent or leave of the court.
At the initial trial, the court dismissed the mother's application. HHJ Tolson did not see the welfare benefit in the court endorsing C's name change when C was already using the name informally and would be able to apply to change their name themselves when they turned 16. The Judge was also concerned that granting permission would 'cement' the child's gender identity and they wanted the child to be left to make their own mind up in the future.
The child's guardian appealed and this was granted by the Court of Appeal. Lady Justice King giving the lead judgment disagreed that C's desire to change their name was 'fixed on gender issues', they had lived under their chosen name for 3 years and it was the only name they now felt comfortable being known as. The court, as they do in all applications under s8 of the Children Act 1989 had to consider the paramountcy principle 'the child's welfare shall be the court's paramount consideration' and the welfare checklist. The approach of the court was identical whether the court was considering a change of surname or given name and the welfare checklist requires the court to consider not just the child's wishes and feelings but their emotional, physical and psychological needs. The trial judge had erred in focusing too much on the child's gender identity as opposed to considering the child's strong emotional need to have their social identity endorsed through the legal recognition of their given name. The Judge was incorrect to say that C would be able to take legal steps themselves in a matter of months as due to the child arrangements order, C would have to wait a further 3 years to change their surname or for recognition of their given name on anything which required an enrolled deed poll.
A child's name is seen as a significant part of a child's identity and the court will not permit a change of name lightly. The paramount consideration of the court was the child's best interests and in assessing best interests, the court has to consider the welfare checklist which includes;
The court will also consider the motives of the applicant and any objecting family members, the views of the proposed carers to the extent that their conduct could indirectly effect the child's welfare, the fact that names may link to the parent/child's religious or cultural background and the importance of that to the child's identity.
In our experience applications to change the surname of a child are more likely to be successful where the surnames will be double barrelled or where the parent not giving consent has been absent for some time. It is harder to change the name of a child who has already developed a strong connection to their own name or where the name has cultural or religious significance.