Name change?

Lucyfur

Hi,

Just wondering if anyone can help me out. My son has his dads sir name but he would like to change it to my sir name as he hasn't seen his dad in years and isn't likely to see him again. His dad and I were not married. His dad is named on the birth cert. Anyone any idea how I would go about doing this? I'm presuming there would be a deed poll type thing involve but consent from his dad would be a problem as I have absolutely no idea where he is....

Son is 8....don't know if that's relevant...

Nevyn

I don't know the ins and out of consent when the other parent is absent, a solictor would know more.

http://www.citizensinformation.ie/categories/birth-family-relationships/problems-in-marriages-and-relationships/changing_your_name_by_deed_poll

Changing the surname of a child

The surname of a child can be changed in the Register of Births but only in certain circumstances. However, the surname of a child can also be changed by deed poll or common usage. Children aged between 14 and 17 years can execute the Deed Poll themselves but need the consent of both parents. Where a child is under the age of 14 years, one of the child's parents must execute the Deed Poll with the consent of the other parent.
Enrolment of a deed poll

The advantage of changing your name by deed poll is that a record of the change is kept for future identification. This can be attached to your birth certificate, is acceptable for most administrative procedures and provides an easy and inexpensive solution to most of the difficulties that can arise when you change your name.

You can get a solicitor to do the deed poll for you or you can do it yourself.

If you apply to officially change your name in Ireland, your deed poll enrolls or registers your name change with the High Court.
Rules

If you are doing the deed poll yourself, you will have to call in person to the Deed Poll Section, Central Office, the Four Courts. It is not possible to apply online for this service.

As every case involving an official name change is different, staff in Deed Poll Section will provide advice and information to you on an individual basis.
Change of name licence

Under Sections 8 and 9 of the Aliens Act 1935, a foreign national aged 18 or over must get a change of name licence from the Irish Naturalisation and Immigration Service (INIS) before executing a deed poll. You can obtain an application form for a change of name licence by writing to the Change of Name Section in the INIS.

A British citizen does not require a change of name licence but is likely to need a letter to that effect from the INIS. Sometimes an Irish citizen requires such a letter. In order to obtain the letter you will need the following:

* Your birth certificate (long form)
* Your passport
* Any other documentation relating to a previous name change, such as your marriage certificate

There is more information on when a change of name licence is required on the Irish Naturalisation and Immigration Service website www.inis.gov.ie.
Rates

If you do the deed poll yourself, you will have to pay Stamp Duty of €32.

There may also be small charge to have the declaration (affidavit) sworn at a Commissioner for Oaths or practising solicitors. (There is no fixed rate of charges for legal fees in Ireland, so enquire in advance for information on this charge).
How to apply

There are no pre-printed forms available to apply for a deed poll for a change of name. Instead, Deed Poll Section will provide you with appropriate written precedents on the type of wording you should use on your deed poll. Your application must use this wording together with your own particulars and be written on deed paper (available in stationery shops or from your solicitor).

After you have completed your application you then have your declaration (affidavit) sworn at a Commissioner for Oaths or practising solicitors. You must then lodge your application together with the long-form of your birth certificate with Deed Poll Section. You must then bring these documents back in person (you cannot post them) to the Four Courts where you will have to pay the Stamp Duty.

Further information is available in FLAC's Change of name by deed poll (pdf) booklet and the Courts Service's Change of name by deed poll information leaflet (pdf).
Where To Apply

Deed Poll Section
Central Office of the High Court
Four Courts
Ground Floor (East Wing)
Inns Quay
Dublin 7
IRELAND
Tel:(01) 888 6000
Fax:(01) 888 6125
Homepage:
http://www.courts.ie/offices.nsf/0/B43B2E45023B633B802573D10045B030?OpenDocument
Email:
DeedPollQuery@courts.ie
Wheelchair Access:

Big Bag of Chips

You can change a name by common usage.. school, doctor etc. Once it's in common use for 2 years, and you have documentary proof.. school reports etc, this name can then be used on passports.

The birth cert can't be changed in this circumstance, but as your son knows what his name is and wants to change it himself, the birth cert isn't necessarily an issue. He can use your name in everyday life until he can legally change it himself through deedpoll.

smelltheglove

As above, circa 10 yrs ago they stopped changing names on birth certs. Common usage is they only way to do it now. My own brother had his name changed this way, at around 8 too. As I recall his name was changed in school and doctors etc, and after it had been used for a few years then he was able to get his passport with his new name. There was no consent required as there was no contact with the father.

Lucyfur

Brilliant, thanks everyone:D


Son's words.....''I haven't seen him in 2 years, I don't want to carry his name''.....smart, eh?;)

Lucyfur

Hi, me again.


I have emailed deed poll query...they promptly replied...and told me I need consent from my sons father. I told them I don't know where he is etc etc...and they have said that ''That is a matter for yourself. You will need to contact him.''


I would have no problem contacting him for his consent.....IF I KNEW WHERE HE WAS....grrr.

Does anyone know of a way around this?

Fittle

I'd just go down the 'common usage' road for now OP.

You can change your sons name at your GPs/in the school etc just by telling them it's your name and you want him to use that name going forward...once he gets known with your surname for a while, the passport can be changed accordingly. I worked in the ppo and we got many passports with 'common usage' names, backed up by GP or county councillor or school letters, and we wouldn't use the birthcert name.

Don't worry about finding him just yet and I'd start with your GP which is usually the best place, as you can go on to use the GP note for school etc.

Lucyfur

^^ Thank you:)

Was rather annoyed with deed poll folk, I know they're only doing their jobs but surely there has to be some allowance for people who genuinely don't know where the other parent is.

Big Bag of Chips

Lucyfur wrote: »

but surely there has to be some allowance for people who genuinely don't know where the other parent is.

There is.. it's called common usage!!

To be fair to them, you could be an ex who has just finished with a partner, and in a moment of anger against him decide to change the child's name. Or you could be an absent father changing the name of a child you have no contact with to your name, just to p*ss the mother off.. etc.

There are rules for a reason. Just go with changing it in school/doctor/health board/clubs etc, for the moment, and tell him he can tell people that his new name.. that's all that really matters.

The "official" stuff can come later.

LegacyUser

Methinks your son at age 8, is not mentally and psychologically strong enough to have a mindset to be so categorical in stating his fathers name change is what he wants..
Theres not to my mind, a most objective way to ascertain the veracity or genuineness of the saying "honestly dont know where his/her dad is"