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Ask Clare Your Own Question
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34236
Experience:  25 years experience of all aspects of family law
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It was determined that i did not need my sons biological

Customer Question

it was determined that i did not need my sons biological father to agree to his name change by the deed poll office but now the passport office ar equestioning that is there a form he can sign legally showing that he has given up parental rights?
JA: Thanks. Can you give me any more details about your issue?
Customer: this is a copy of the information supplied to the deep poll office regarding our situation 26th august 2015To whom it may concern.Dear Sirs,I, the undersigned, having parental responsibility for Lucas David Paul Erskine, consent to his name being changed to Lucas David Simpson.Although I know the whereabouts of the father, I have good reason for not contacting him for his consent. Since 2013 the father has lived back in northern Ireland and had sporadic contact with lucas for the first six months or so only when paid for and organised by my self he has had no contact with lucas whatsoever since November 2014 and had not seen or spoken to him in more than 6 months prior to that interaction – furthermore it has since come to my attention that he is now pretending that lucas is not his son at all and as such has cut of any possible contact he does not acknowledge his birthday or Christmas and has never made any financial contribution.I have recently remarried and am expecting a baby on Saturday and whilst Lucas is only 4 we have discussed with him all of us having the same name and he wants that, he wants it to be the same as his sister who he is very excited about. Lucas was only two when his biological father left and now at almost 5 he barely remembers him he no longer speaks of him and my husband is the only real father he has ever known..Yours faithfully,Louise Alexandra SimpsonMother the deed poll office were happy with the information provided and our sons name was leagally changed and a copy of the deep poll certificate was sent in with his passport aplication but they are saying that they need to have something signed by lucass biological father so if i am going to have to attepmt to track him down and have something signed i would like it to be a waiver of his parental rights so tht issues like this stop coming up
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Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.


Thank you for your question and for asking for me

Just to check - I assume that the father is named on the birth certificate?

Customer: replied 1 year ago.
he is as we were married at the time
Customer: replied 1 year ago.
it has now been 16 months since he attempted to make any contact
Expert:  Clare replied 1 year ago.

Then I am very sorry but the firm that prepared the Change of Name Deed for you misled you totally.

To change the name of the child you will need either the agreement of the Father or an Order from the Court.

Unless your ex agrees to your husband adopting the child then I am afraid that your ex's Parental Rights cannot be removed.

Your staring point is to write to your ex asking if he will agree to the Change of Name - and at the same time you may wish to consider the adoption question -

and if he will not agree to that then you can ask if he will agree to your Husband having Step Parent Responsibility for the child.

If he will not agree to anything then you can apply to the court for permission to change the name - but it is only likely to be granted if you are double-barrelling

the name - and even that is not certain. You would be granted a step parental responsibility order

I am sorry to give bad news - please ask if you need further details


Customer: replied 1 year ago.
i dont understand how the change of name can be a problem it has been to court and we have the deed poll certificate?
Expert:  Clare replied 1 year ago.

Wha dealt with that for you can you send the link?

Customer: replied 1 year ago.
i have the certificate in front of me it went through freebournes court in witham
Expert:  Clare replied 1 year ago.

Freebournes Court is simply the address of a Company that prepares Change of Name Deeds - often called a Deed Poll.

It is not a Court of Law and the company misled you and took your money on false pretences.

They would have been well aware that you would not be able to obtain a passport in the new name

Customer: replied 1 year ago.
how do i go about dealing with them?
Expert:  Clare replied 1 year ago.

Dealing with who?

Customer: replied 1 year ago.
nevermind ive emailed them so far this was not in anyway worth £22
Customer: replied 1 year ago.
you havent actually answered the question
Customer: replied 1 year ago.
not helpfully anyway
Expert:  Clare replied 1 year ago.

I am sorry nut to put it bluntly the document that you have is worthless as you have no right to change the name of the Child without the agreement of the father or an order from the Court.

You have neither - all you have is a document prepared by a commercial firm who have charged you money for something they knew you woudl not be able to use.

On that basis you cannot change the name on the passport AND technically you should not have changed his name with the school

If you do wish to change the name of your child then you do need to contact your ex and ask if he will agree to the change.

IF he will then you can download a document form the net (for free) and get your ex to sign it as well.

Then you can get the passport.

If he will not agree then you can make an applictaion to the court - but this is unlikely to be granted at this stage.

You asked about him waiving Parental Responsibility.

The only way that this is posisble is if your husband adopts the child.

Again you will need to ask your ex if he will agree. Since this would mean he would never have to pay maintenance he may agree in

which case you can proceed with an adoption.

If he will not agree to that then you may wish to consider is having a Step Parental Responsibility Agreement signed by your ex (and you) to give your husband

Parental Responsibility for the child.

If he will not agree to that either then a Court would certainly grant it

Customer: replied 1 year ago.
you mentioned asking him about adoption please can you tell me where I get the paperwork for that?
Expert:  Clare replied 1 year ago.

You can only go forward with that if your ex agrees.

Once he has agreed then you will need to contact the Adoption section of your local Children's Services to give them three months notice

More details here