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Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7432
Experience:  BA (Hons), PgDip, Practising Solicitor
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hello. I need advice on whether it is possible to add a name

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hello. I need advice on whether it is possible to add a name to my 5 yr old son's legal name without my ex husbands consent. My ex husband is my son's biological father and is named on the birth certificate. I hope you can help!Also, is there any way I can change my son's surname to my now married name without the biological father's consent. My husband and I have been married just over one year and together for over two years. My son has no contact with his biological father. I have asked if he will give consent, but he has refused.



Thanks for your question.


No, I'm afraid you will not be able to register the change of name without either the father's written consent (ie. on the change of name deed) or leave of the Court, for which you would have to make an application to Court and which your husband would doubtless dispute. The Courts are very reluctant to authorise a change of surname in disputed circumstances unless it is the best interests of the child to do so.


Sorry it could not be better news.


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