Case law on children’s changes of name
These are cases which are to do with a child’s change of name.
There are also many cases — going back hundreds of years — to do with changes of name in general (involving adults), which apply — in the sense that children are also people — to children as well.
Some cases involving children — e.g. Grunkin & Paul [2008] EUECJ C-353/06 — also apply to adults (because they established principles which apply to people generally).
The earliest known case of a child’s change of name was Hawkins v Luscombe (1818) and (involving the same person) Doe dem. Luscombe v Yates in 1822. In those cases, the child — John Luscombe Luscombe — was 15 or 16 years of age when he, on his own behalf, adopted the surname Luscombe for all purposes, instead of his own surname of Manning.
Although there are very few other cases involving a change of name of a child until 1963, the general principles of a change of name (laid down by historical cases, affecting adults) also apply to children. Modern children’s cases are typically to do with whether a child’s name can be changed, typically against one of the parents’ / guardians’ wishes.
England & Wales
Listed below are the most important cases in English law which apply to a child’s name or surname.
European / EU cases
Listed below are the most important cases in European / EU law which apply to a child’s name or surname.
| Case | Court | Year |
|---|---|---|
| Garcia Avello [2003] EUECJ C-148/02 | Court of Justice of the European Communities | 2003 |
| Standesamt Stadt Niebüll [2006] EUECJ C-96/04 | Court of Justice of the European Communities | 2006 |
| Grunkin & Paul [2008] EUECJ C-353/06 | Court of Justice of the European Communities | 2008 |