Alex O’Neill solicitors answers another Limerick Post reader’s query
Q. I recently got married to my partner of 10 years and so changed my name to my new, married surname. I have three children. My 12 year old daughter, from a previous relationship, has a surname which is now different from mine, my husband’s and her siblings. My daughter’s father is deceased. I am anxious that we all share the same family name, to avoid my daughter feeling different from her two brothers. Is it possible to have her surname name changed?
Dear Reader
A. Yes, it is possible for anyone to have their name legally changed using a process called Deed Poll, including the names of minor children. Usually, where a minor is concerned the consent of the other parent is required. If that other parent cannot be contacted, one must at least demonstrate that efforts have been made to contact them. However, in your case, this will not apply as the other parent is deceased.
Recent reports from the courts service indicate that there has been a 33 per cent rise in the numbers of people using deed poll to change their names so you are certainly not alone in your desire to change names.
The process is relatively straight forward. a deed poll is a signed declaration by a person that binds him/her to a particular course of action from the date of signing. A deed poll for a change of name contains declarations (in other words a sworn statement or affidavit) that you are abandoning the use of your old name, that you will use your new name at all times and that you require everyone to use your new name.
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, as in your daughters case, you must execute the Deed Poll.
The advantage of formally 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 enrols or registers your name change with the High Court. The procedure is relatively inexpensive with stamp duty and swearing fees amounting to less than 80 euro, in addition to fees charged by your solicitor. Correspondence with the High Court office may take some time and can be a little protracted but it is a relatively straight forward process and would achieve your desired result, in that the whole family would then share a common surname.
Gemma Lyons is a Solicitor with
Alex O’Neill Solicitors
Your Questions
Send your legal queries by e-mail to us at [email protected]. Unfortunately it is not possible to respond to all questions.
We aim to deal with a representative sample of queries received. This column is a reader service and is not intend to replace professional legal advice. No individual correspondence will be entered into.
