What’s in a name and the future of children’s surnames

Sarah Higgins Partner Charles Russell Speechlys LLP

What’s in a name? As Shakespeare put it a rose by any other name would smell as sweet. However names can carry real significance and importance to our identities throughout our lives and are considered profound issues by the court. The case law in this area deals with one of the most personal and emotive issues the family court may have to consider.

This article discusses some of the key family law principles when considering children’s surnames and how this may evolve in future. The article reviews the obligations on parents when registering a child’s name the interrelation of parental responsibility and names as well as the approach to applications concerning surnames under the Children Act 1989. The article also looks at the procedure and nuances to these applications contained in the provisions of the Children Act 1989.

Overall the article considers whether our concept of surnames may develop in future culturally and legally given societal changes and international approaches particularly in light of the recent...