subject: Getting A Name Change [print this page] Any person who wishes to have a different name has the legal right to change it. The person can legally change the first name or surname. In addition to that, a person can also legally adopt an additional name. The surprising thing is that there is no legal procedure for name change that is cast in stone. A person only needs to start using the new name and stop using the former name. It is as simple as that!
A name change can be done anytime. However, a person should not use the process as a means of deception. It is also worth noting that an individual might not be able to change the name on the birth certificate. Only a few special circumstances would warrant this. Once the name is changed, the person is legally bound to use the name for all purposes. This includes all statutory proceedings such as acquiring a passport or a driving license.
A name change can also be instituted for a child. It is imperative that the child’s parents or guardians consent to the changing of the child’s name. Children below the age of 16 do not have to consent to the name changing procedure. However, they can object to the process. This is done by making an application to a court to order against changing his or her name. The child needs to display a clear understanding of the matter in contention for the challenge to be successful.
Often, a person does not have to provide proof of a name change. However, there are some situations where a person needs to give evidence of the change of name. The evidence that the person needs to show as proof varies. It usually depends on the circumstance. There are two common methods of instituting a change of name: deed poll and statutory declaration.
A deed poll is simply a legal statement that proves that a person has changed the name. This is the easiest way to institute name change. A person can undertake this process without using a lawyer. All that is needed is the appropriate legal form to fill. After the person orders a name deed a witness to the signature is needed. This is known as execution of the deed. Thereafter, the person can hold on to the document as evidence in any situation where it is needed to be proved that the names have changed.
A statutory declaration is quite similar to the UKdeed poll. It is a legal document that records a person’s intention to cease using old name and legally acquire a new one. It is accepted as evidence of a person’s name change in almost all situations, save for application of passports. This process can be done before a solicitor or a Commissioner of Oaths.
All in all, the best and easiest evidence that a person has changed the name is by using a UKdeed poll. The advantage this method has over the statutory declaration is the fact that the deed poll can be used to obtain a passport.
