Changing child's name to the fathers

2024

Wanting to know what is the process of changing the child's legal name.

He turns 18 very soon and is wanting to take the fathers name now and also change his baptism name to so all three names match. His first name is the same but not the second and surname.

The mother didn't want the name when the child was growing up because the father was not about but now the child is 18 and has now a good relationship with the father, he's wanting to change the name to exactly what the fathers is and is looking where to go to do this.

Ezeoul

He can change his name by common usage, or, alternatively, he can change his name by Deed Poll.

Citizens Information gives more details on how to change your name, at this link:

https://www.citizensinformation.ie/en/birth-family-relationships/problems-in-marriages-and-other-relationships/changing-your-name/

2024

https://www.boards.ie/discussion/comment/122744408#Comment_122744408

Does the fathers name get added legally by changing feed pole or does it have to be separately changed on the birth cert.

Esel

Deed poll name change has no bearing or effect on the birth certificate.

Claw Hammer

In order to have the father's name added to the birth cert either both parents agree to it. If there is to be a court order declaring the father as one of the parents of the child, eg, if there was ever a maintenance order against the father, that can be used, and the consent of the mother is irrelevant.

You can change by common usage, but this is made more solid by making a public announcement. The best way to make a public announcement is to take out an add in a local paper. The paper then becomes proof that you made a public declaration and can be used as evidence going forward.

Did it when we got married and had never been an issue. Can use it to change your name on your passport and then this becomes an official document which can be used in all legal actions going forward.

Ezeoul

https://www.boards.ie/discussion/comment/122744469#Comment_122744469

No, a deed poll does not change the birth certificate.

Changing the register of births / birth certificate is very different from changing a surname, and is much, much more complicated.

I know how it can be done for minors, but not sure on the process for over 18s.

He could start by looking into a Declaration of Parentage (which involves going to Court).

(eta) I also have no knowledge on if it is possible to amend a baptismal certificate.

Claw Hammer

https://www.boards.ie/discussion/comment/122744624#Comment_122744624

It is not an amendment in the sense of a change, it is an addition. My parents had to go to the District Court to have their wedding cert amended. There were spelling mistakes and the bride's mothers maiden name was completely wrong.

Ezeoul

https://www.boards.ie/discussion/comment/122744530#Comment_122744530

I know that an access, custody or maintenance court order that names the father can be used to amend the register of births for minor children to add the father's details without the consent of the other parent. (I've done it).

But it's not possible to amend the registered surname of a minor child on their BC without written consent of both parents (also have been through that process).

But I am unsure if the same processes can be used by a child for their own birth cert, once they reach majority.

At that stage, afaik, it's out of the parents' hands, and the parents can no longer interfere with the now adult's birth certificate. At that stage, it's up to the now adult to seek a declaration of parentage. But I am open to correction on that.

OP, my advice is go straight to the General Register Office for further advice on amending the birth certificate.

Claw Hammer

https://www.boards.ie/discussion/comment/122744724#Comment_122744724

The adult child wouldn't have access to the court order naming the father and should be the party seeking to have the father's name added. The child would have to apply to the court to have the order released and to do that would be as well to seek a declaration of parentage anyway. It would need the father's co-operation for the declaration. The mother probably wouldn't agree to the release of the court order.

Ezeoul

https://www.boards.ie/discussion/comment/122744760#Comment_122744760

The father might have a copy of any orders, (if they exist), and should be able to request copies of them without needing the consent of the other parent.

But one of those orders (i.e. access, custody or maintenance) by itself is not sufficient for GRO to change a surname on the register, even for a minor child.

2024

https://www.boards.ie/discussion/comment/122744530#Comment_122744530

What do you mean a maintenance order?

Ezeoul

https://www.boards.ie/discussion/comment/122744669#Comment_122744669

There are processes in place which allow for corrections of mistakes on the register, e.g. the miss-spelling of a name.

However, the total exclusion of a surname, is not considered a mistake.

I've been through this process myself, specifically in relation to a child's surname. It's a lot of back and forth and paperwork, and each parent is informed by the GRO in writing of any application made to alter a surname. They then have 28 days to reply to the GRO with either consent or denial to any changes. If either parent refuses consent, the surname will not be amended (yet again, this applies to under 18's.)

(eta) OP, if the father's details are not already included on the birth cert, and no family law court orders exist, here is more information on a Declaration of Parentage, and how to get one > Paternity and Declaration of Parentage - Court Service

Claw Hammer

https://www.boards.ie/discussion/comment/122744784#Comment_122744784

The orders were issued in "in camera" proceedings. The father can't give them to the child without leave of the court.

Claw Hammer

IF a court ever ordered your father to make regular payments to your mother for your upkeep, it is called a maintenance

order.

.
It is very common where the non-custodial parent can't agree on how much or won't give any money to the custodial parent.

Claw Hammer

https://www.boards.ie/discussion/comment/122744828#Comment_122744828

Adding in a name is not the same as changing a name. Most Birt certs simply record Mary peter and the father John X and the Mother Mary y. If there is no fathers name on the cert the child is known as mary peter y. There is no change to the surname if the fathers name is added. The child simply starts using the name mary peter x.

Ezeoul

https://www.boards.ie/discussion/comment/122745109#Comment_122745109

The in-camera rule is to protect privacy of the parties involved in court proceedings.

Yet, GRO and other government bodies (e.g. DSP) often request copies of court orders when doing means assessments, without needing anyone to seek leave from the Court for them to be released to them. When I had to provide the GRO with copies of my court orders in relation to my own applications, I didn't have to get leave from the Court to do so, even though the GRO was not party to the proceedings.

My now adult daughter has also seen any court orders I have, and as she is named in them, I don't think Court permission is needed to show them or give them to her.

Claw Hammer

https://www.boards.ie/discussion/comment/122745167#Comment_122745167

It is contempt of court to discuss in camera proceedings without the leave of the court.

Your adult daughter should certainly not draw it to the attention of any court that she has seen the court orders. She was not a party in the proceedings and shouldn't have sight of the orders.

Ezeoul

https://www.boards.ie/discussion/comment/122745183#Comment_122745183

Okay, if you say so.

csirl

https://www.boards.ie/discussion/comment/122745131#Comment_122745131

Are you sure this is true?

Just so happen to have a birth cert sitting on front of me (was doing a school application for one of my kids recently) and the childs surname is recorded.

Claw Hammer

https://www.boards.ie/discussion/comment/122745302#Comment_122745302

No surname on my birth cert.

Ezeoul

https://www.boards.ie/discussion/comment/122745131#Comment_122745131

https://www.boards.ie/discussion/comment/122745386#Comment_122745386

The legislation on birth registrations was amended (I think it was 2010). Since the change, surnames have to be specifically assigned to a child on registering their birth.

All requests for changes to birth certs that pre-dated the new legislation, (e.g. to include the father's details) were also subject to the new legislation on assigning a surname.

As I said, I have been through this exact process personally.

Claw Hammer

https://www.boards.ie/discussion/comment/122745413#Comment_122745413

The o/p is referring to a person who is now 18. presumably that 2010 legislation won't be effective for another 4 years when the first people registered under that system reach 18.

Ezeoul

https://www.boards.ie/discussion/comment/122749503#Comment_122749503

As already stated, any request for amendments to records that pre-date the amended legislation are also subject to the new legislation.

csirl

https://www.boards.ie/discussion/comment/122749503#Comment_122749503

I have 2 older kids born before this legislatiion who both have surnames listed on their birth certs - so the surname thing must be in earlier legislation.

Claw Hammer

There was no legislation in 2010. the 2004 Act came into effect in 2005.

Ezeoul

https://www.boards.ie/discussion/comment/122749542#Comment_122749542

I was unsure of the year, it may have been 2004 - I might be mixing the date with the amendments to another Act.

But, there is a new Civil Registration Act 2024 this year which will now allow for online registration of births!