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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Change of Name: The Law and Practice 4th ed isbn 9780854902408

Change of Name: The Law and Practice 3rd ed


ISBN13: 9780854900442
New Edition ISBN: 9780854902408
Previous Edition ISBN: 1898899614
Published: April 2010
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Paperback
Price: Out of print



There are many reasons why a person may wish to be known by a different name – on marriage breakdown, or to be relieved of an embarrassment, for example.

An adult is free to use any name that he or she chooses, provided that the objective is lawful. For many purposes, however, it is wise to have some formal evidence of a change of name, by deed poll or statutory declaration, or by some other procedure. This can usually be done quickly, cheaply and effectively.

The change in the concept and nature of a family unit, which now includes not only single parents and step-parents but also same sex parents and biological and non biological parents, raises complex issues and gives rise to many questions about the names by which children may be registered, how and on what basis a child's name may be changed and the factors which the courts take into account when deciding any dispute relating to a change of a child's name, between the parents or persons having parental responsibility for the child.

Formerly published by Callow Publishing, Change of Name provides a practical and straightforward guide to this sometimes tricky area of law. Fully up-to-date, the second edition deals with the provisions of the Adoption and Children Act 2002, particularly in relation to Special Guardians, the impact of the Human Fertilisation and Embryology Act 2008 and the Civil Partnership Act 2004 and recent case law, clearly explaining the procedures to be followed.

The range of specimen forms and precedents provided by Her Honour Judge Pearce will prove invaluable to the busy practitioner.

Subjects:
Family Law, Wildy, Simmonds and Hill
Contents:

1 Introduction

2 Registration and Re-registration under the Births and Deaths Registration Act 1953
2.1 Registration of live births
2.2 Re-registration or alteration of name
2.3 Change to correct error in registration
2.4 Registration of birth where parents not married or of a second female parent where parents are not civil partners
2.5 Re-registration of birth where parents neither married nor civil partners
2.6 Re-registration of births of legitimated persons
2.7 Re-registration after declaration of parentage
2.8 Procedural tables

3 Changing a Child’s Name
3.1 Introduction
3.2 Parents married to each other or in a civil partnership and in agreement
3.3 Children born out of wedlock or to female partners not in a civil partnership
3.4 Step-parents
3.5 Parents separated; residence order in force
3.6 Disputes: private law applications
3.7 Children in care
3.8 Changing a child’s forename(s)
3.9 Procedural tables

4 Change of Name by Deed Poll
4.1 The deed poll
4.2 Enrolment of a deed poll
4.3 Definitions
4.4 Affidavits and sworn statements
4.5 Procedural steps
4.6 Change of a child’s name by deed poll

5 Other Methods of Changing a Name
5.1 By reputation
5.2 By advertisement
5.3 By statutory declaration
5.4 By notarial instrument
5.5 By marriage
5.6 On confirmation
5.7 By Act of Parliament
5.8 By royal licence
5.9 By deed poll recorded by the College of Arms
5.10 On adoption

6 Requirements of Some of the Professional Bodies
6.1 Solicitors
6.2 Opticians
6.3 Veterinary surgeons
6.4 Medical practitioners
6.5 Dentists
6.6 Nurses and midwives
6.7 Accountants
6.8 Chartered surveyors
6.9 Architects

7 Effects of Changing a Name
7.1 Marriage banns
7.2 Legal proceedings
7.3 Driving licences
7.4 Passports, state benefits and others
7.5 Company directors and shareholders
7.6 Limited liability partnerships

Appendix Forms and Precedents

A.1 Forms
1. Particulars of birth
2. Declaration/statement for the registration/re-registration of a birth
3. Certificate that name was given in baptism
4. Certificate that name was given otherwise than in baptism
5. Statement for the re-registration of a birth
6A Declaration by parent on request for the registration of a birth
6B Declaration by parent on request for the re-registration of a birth
7. HFEA PP consent form
8. HFEA WP consent form
9. Standard Election Form under the HFEA 1990 as amended by the Human Fertilisation and Embryology (Deceased Fathers) Act 2003
10. Standard application form

A.2 Precedents
1. Deed of change of name (for enrolment)
2. Deed of change of name (not for enrolment)
3. Deed of change of name made on behalf of a child (not for enrolment)
4. Deed of change of name made on behalf of a child under sixteen (for enrolment)
5. Statutory declaration in support of change of name deed
6. Statutory declaration in support of deed changing the name of a child
7. Consent of spouse to enrolment of change of name deed
8. Consent of wife and mother where husband executes a family deed
9. Consent of a child over sixteen to change of name by deed
10. Affidavit by married woman seeking dispensation from requirement for husband’s consent to change of name by deed
11. Affidavit that change of name of a child is for the benefit of the child
12. Advertisement of change of name by deed for publication in the London Gazette
13. Advertisement of change of name of a child by deed for publication in the London Gazette
14. Statutory declaration effecting change of name
15. Statutory declaration effecting change of name of a child
16. Statutory declaration for a change of name on gender reassignment

Index