Changing name by deed pole.

[PinkFizz]

Would I have to get my ex-husband's permission to change my son's surname to my current partner's??

I have been divorced for years and my son has asked if we can all have the same name. I know I can obviously change mine with no problems but what about my child's??

p.s. My partner and I have been together for almost 3 years and I would not do anything my son did not want to do,or his father.

[efc]

Yes you do need permission to change your son's surname. You can only do this with both parents consent.

[gina32]

if he doesnt agree why not have a double barrel name then all are happy

[Nether Edge]

Note: A Deed Poll does NOT change your name, under English law at least. There is no actual name-change mechanism at all, unless you get a Court Order (eg where children are involved).
What a Deed Poll does do, however, is to evidence by what name you want to be known in future.

[Lou Knee]

If a child is under 18 years old and his father is still alive the mother cannot execute a change of name deed for the child, the father has to do it....personal experience...even though the child's father and I were, and still are, married and living together.

When the child reaches 18 he/she can execute a change of name deed on his/her own behalf.

[devcom]

�If the mother and father were married at the time of the child�s birth, or they have married subsequently, the father will share parental responsibility for the child. For births registered on or after the 1st of December in 2003, an unmarried father automatically acquires parental responsibility if he is recorded as the child�s father on the birth certificate.�

Source: The Deed Poll Service � http://www.deedpollservice.com

Because you were married to the child�s father, he has automatically acquired parental responsibility and therefore you will need his permission for a name change to take place. If, however, the child�s birth father does not have contact or make monetary contributions to the child�s upkeep, you can apply to a court for permission to change the child�s name without the permission of the absent parent (in this case the father).