Practice Direction (Child: Change of Surname)

Queen’s Bench Division of the High Court
20^th December 1994

1.  (a) Where a person has by any order of the High Court, a county court or a family proceedings court been given parental responsibility for a child and applies to the Central Office, Filing Department, for the enrolment of a deed poll to change the surname (family name) of such child who is under the age of 18 years (unless in the case of a female, she is married below that age), the application must be supported by the production of the consent in writing of every other person having parental responsibility.  (b) In the absence of such consent, the application will be adjourned generally unless and until leave is given to change the surname of such child in the proceedings in which the said order was made and such leave is produced to the Central Office.

2.  (a) Where an application is made to the Central Office, Filing Department, by a person who has not been given parental responsibility of the child by any order of the High Court, a county court or a family proceedings court for the enrolment of a deed poll to change the surname of such child who is under the age of 18 years (unless in the case of a female, she is married below that age), leave of the court to enrol such deed will be granted if the consent in writing of every person having parental responsibility is produced or if the person (or, if more than one, persons) having parental responsibility is dead or overseas or despite the exercise of reasonable diligence it has not been possible to find him or her for other good reason.  (b) In cases of doubt the Senior Master or, in his absence, the practice master will refer the matter to the Master of the Rolls .  (c) In the absence of any of the conditions specified above the Senior Master or the Master of the Rolls, as the case may be, may refer the matter to the Official Solicitor  for investigation and report.

3.  These directions are issued with the approval of the Master of the Rolls.

4.  Practice Direction (Minor: Change of Surname) [1977] 1 W.L.R. 1065 dated 24^th May 1976 is hereby revoked and the practice direction dated 11^th April 1994 is hereby revised by the addition of the words “family proceedings court” in paragraphs 1(a) and 2(a).

Keith Topley
Senior Master, Queen’s Bench Division
20^th December 1994