Monosyllabic. Double barrelled. Triple barrelled. Your name
and its use forms one of the most important and repeatedly laboured
designations for the entire span of your life. Many of us lucky enough to have
names suited to our location and situation never even consider the possibility
of changing names, never mind actually attempting to enter the arena of ‘deed
polls’, mysterious documents that many banish to the world of actors and victims
of stalking. But there are many normal instances where people may wish to
change either their own, or their child’s name; the paperwork should not be
considered insurmountable. Whether it be for the benefit of settling into a new
territory, entering a new profession (sometimes requiring the divorce from a
parent’s ill-conceived eccentricity), the breakdown of a family, perhaps even
just the individual choice of a child/adult. A brief discussion of the law and
administration of deed polls will follow below.
Tel: 01992 422 128
Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
 |
| Article by Yeung-way Hedges |
An important feature of statute law, perhaps described more
aptly as a ‘non-existent’ feature of statute law would be the omission of
legislation in existence which hinders your human right to change your forename
or surname. Conventions (Coke on Littleton 1628, Bracton c.1235) only prescribe
that individuals must have and be referred to by a forename and surname in
terms of legal existence, and common law (Barlow v Bateman 1730) actually
provides precedent to support an individual’s right to freely change their name
without the bondage of acts of Parliament. These freedoms are complicated
however by specific factors affecting each situation independently, especially
when issues such as age, parentage, and best interests of the individual come
into the fold.
Wishes to change names via the deed poll process most
commonly arise when a child’s home/family situation becomes complex. Parental
responsibility (being legally recognised as the child’s parent, at birth for
the mother and being married to the mother/named on the birth certificate for
the father) operates in full force until the child reaches the age of consent
(16 in England and Wales). Until the 16th birthday, in order to
change a child’s name via deed poll, all responsible parents must provide
consent for the process to take place. Once the child reaches the age of 16,
the courts will grant them full power to do with their name what they wish;
consent of parents is officially dissolved.
For younger children embroiled in the battles of parental
disputes, the process of name changing becomes far more convoluted. For a
parent with sole parental responsibility, no consent from the other
(biological) parent would be required. But this situation proves rare in
reality. Where a mother may wish to change her child’s surname to her own due
to the breakdown of a relationship, she may find the courts unsympathetic where
the father remains in contact and provides maintenance payments, especially if
the child is under the age of 5. The courts identify the best interests of the
child, especially in protecting a paternal bond, sometimes even where the
father may be absent. Upon the age of 11, the courts will begin to take the
child’s wishes into account, and by 14 the child’s wish becomes paramount,
therefore the ability and flexibility in changing names grows alongside the
child. In contrast, changing a child’s forename proves far easier, as it does
not upset the biological bond between child and parent.
In 2013 The Guardian reported that ‘nearly 50,000 people a
year are wasting millions of pounds paying online companies that promise on Google
adverts to “officially change your name”’. The use of certain spurious online companies
has resulted in consumers paying for ostensibly ‘official’ deed poll documents
when in reality they hold no legal power, therefore to be sure of authenticity
it is vital to seek the professional advice of a solicitor.
If you are considering changing your own or your child’s
name and require advice and/or authentic legally binding services, please feel
free to contact us via email or connect with us on LinkedIn. Our fixed fee for a single
Deed Poll is £75 plus VAT, incl. 3x certified copies of the deed. Any additional
copies are charged at £3 each.Tel: 01992 422 128
Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
No comments:
Post a Comment