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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7473
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello, Me and my ex have broken up, we live separately and we have a 5 months old

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Hello,

Me and my ex have broken up, we live separately and we have a 5 months old son together. Now she has decided that she wants to change the surname. I don't want this to happen, what are my options, how could i prevent this? We are not married. But the boy has my surname and i am the father.

Thank you, Olaf

Hi Olaf,

 

Are you named on the birth certificate of the child as the father?

 

Tom

Customer: replied 5 years ago.
Hi Tom,

Yes, my name is XXXXX XXXXX birth certificate as the father of the child.

Olaf

Hi Olaf,

 

As your name is XXXXX XXXXX child's birth certificate you have what is termed "parental responsibility" for the child. In order to legally change a child's name a change of name deed (ie. a deed poll) would have to be executed by all persons holding parental responsibility.

This means that she would not be able to legally change the child's name without your consent. If she was minded to, she could apply to Court for an order that the child's name be changed but this would be fairly expensive and you would also receive notice of the application and be at liberty to defend your position

 

 

If this has been useful please kindly click accept so that I am rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

 

Tom

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