Do I Need a Solicitor to Change My Child’s Name

At Lillian Purge, we specialise in SEO for Solicitors. This guide explains whether you need a solicitor to change your child's name.

In the UK, you do not legally have to use a solicitor to change your child’s name. Parents or guardians can apply directly to change a child’s name by Deed Poll, provided everyone with parental responsibility agrees to the change. However, the process involves specific legal requirements and documentation, so many people choose to instruct a solicitor to ensure everything is handled correctly and that the name change is legally valid.

The need for a solicitor depends on your circumstances, particularly whether both parents agree to the change and whether the child is under or over 16.

Changing a Child’s Name by Deed Poll

A Deed Poll is a legal document that records a person’s intention to abandon their old name and adopt a new one. For children under 16, the application must be made by a person with parental responsibility. This can include one or both parents, a legal guardian, or, in some cases, a local authority.

The main requirements are:

• Consent from everyone with parental responsibility for the child.

• Proof of parental responsibility, such as a birth certificate or court order.

• A properly drafted and witnessed Deed Poll document.

Once completed, the Deed Poll can be used to update official documents such as the child’s passport, school records, and NHS registration.

When You Don’t Need a Solicitor

If both parents agree on the name change and you understand the process, you can complete the Deed Poll yourself using forms available online or through the government’s website. Many people choose this route for straightforward cases.

However, even if you decide to prepare the document yourself, it’s important to ensure it meets all legal standards. Any mistakes in the Deed Poll could cause delays or rejection by government departments or organisations.

When a Solicitor Can Help

There are several situations where using a solicitor is strongly recommended:

1. When Parental Responsibility Is Shared
If both parents have parental responsibility, written consent from both is required before the child’s name can be changed. A solicitor can help confirm who has legal responsibility and ensure the correct consents are obtained.

2. When One Parent Refuses Consent
If one parent disagrees with the name change, you cannot proceed unilaterally. In this case, a solicitor can help you apply to the Family Court for a specific issue order. The court will decide based on the child’s best interests.

3. When You’re Unsure About Parental Rights
In some cases—such as unmarried parents, separated couples, or step-parents—parental responsibility can be unclear. A solicitor can check legal documents and advise who must give consent.

4. For Legal Validity and Record Keeping
Solicitors prepare Deed Polls that are formally witnessed and properly worded. This ensures the name change is recognised by official bodies like HM Passport Office, the DVLA, and schools.

5. In International or Complex Cases
If your child was born outside the UK, holds dual nationality, or lives abroad, the process may involve additional steps. A solicitor can guide you through the legal recognition of the new name in both countries.

What the Court Considers in a Name Change

If the matter goes to court, the judge will decide whether the name change is in the best interests of the child. Factors may include:

• The child’s age and understanding of the change.

• The reason for the name change.

• The effect on the child’s relationship with both parents.

• Any history of conflict or safeguarding concerns.

A solicitor will prepare your case, ensure all evidence is correctly presented, and represent you in hearings if necessary.

Can a Child Decide Their Own Name Change

Children aged 16 or over can legally change their own name by Deed Poll without parental consent. They may still benefit from legal advice if they want to ensure that their documents and records are updated correctly or if there are any disputes with family members.

Costs of Changing a Child’s Name

If you apply for a Deed Poll independently, the cost is usually around £40 to £50 for an unenrolled Deed Poll or £80 to £100 for an enrolled one (officially recorded with the Royal Courts of Justice).

If you hire a solicitor, fees vary depending on the complexity of your case, but for straightforward applications you can expect to pay £150 to £300 plus VAT. Complex or disputed cases requiring court involvement will cost more due to additional legal work.

Steps Involved in Changing a Child’s Name

1. Confirm who has parental responsibility.

2. Obtain written consent from all responsible parties.

3. Prepare the Deed Poll document, ensuring it meets legal standards.

4. Have the document signed and witnessed.

5. Use the Deed Poll to update official records and identification.

If consent is not granted, your solicitor will help you apply to the court for permission.

Why Using a Solicitor Brings Peace of Mind

Although changing a child’s name might seem simple, it’s a legally sensitive process that involves parental rights, child welfare, and documentation recognised by government authorities. A solicitor ensures every step complies with legal requirements, reducing the risk of rejection or future disputes.

Solicitors can also act as neutral mediators, helping parents reach agreement without needing to go to court. In cases where court involvement is unavoidable, they provide representation and ensure the child’s interests remain the focus.

Final Thoughts

You do not legally need a solicitor to change your child’s name, but professional legal advice can be invaluable—especially if there are multiple guardians, disagreements, or uncertainty around parental rights.

By working with an experienced family law solicitor, you can ensure the name change is valid, recognised by all relevant authorities, and completed smoothly with full legal protection for both you and your child.

We also cover can you reply to a solicitors letter yourself and do solicitors do home visits. More help is available in our Solicitors Hub.