Legally change your name

Everybody is given a name at birth, but you may choose to change your name at some point in your life.

There are a variety of reasons why you may choose to do so. You may dislike the name you were given, or wish to remove yourself from the family name. Your name may change after a marriage or civil partnership, and then again in the event of a divorce or a dissolution.

You can technically go by any name that you’d like, so long as you are not doing so to deceive or defraud anyone. This is seen commonly in Hollywood, with actors using a ‘stage name’ rather than the legal name they were given at birth. For example, actor and producer Tom Cruise was born Thomas Cruise Mapother IV, but was advised by his agent to use a shortened, more memorable name for professional purposes. Although the public knows him by his stage name, his birth name is present on legal forms of identification.

Recording a change of name

In order to use a new name for official purposes, the change of name must be legally evidenced.

If you were born or adopted in Scotland, you can formalise your name change with the Registrar General. This can be pursued online through the National Records of Scotland for a fee of £40.

Adults can record one forename change and up to three surname changes, but the latter must have at least five years between each change. If you have reached the limit of legal name changes, you can still choose a new name that you wish to go by, but it cannot be officially recorded.

There is an alternative to this process. You may choose to ask a solicitor or a notary public to prepare a Statutory Declaration. This document will state your old and new names and will be signed by yourself and countersigned by the professional.

If you live in Scotland but were not born here, you must follow the official process for your country of birth. For example, if you were born in England you would use the deed poll procedure.

Marriage and civil partnerships

If you are married or in a civil partnership, you may choose to take your spouse’s surname. In Scotland, a marriage or civil partnership certificate is sufficient enough evidence of a change in name for you to use this name for official purposes, so there is no real benefit to officially recording the change.

If you chose to formally change your surname after marriage or a civil partnership, you would need to go through the legal process once again after a divorce or dissolution to officially change your name back.

Changing a child’s name

Choosing to change a child’s name is statistically more common. This may be due to adoption, a family breakup, or a naming mistake made at birth.

A recent example of the latter is entrepreneur Elon Musk and musician Grimes’ child. At birth, they chose to name him X Æ A-12, but in the weeks following his birth were informed that due to the numerical digits, this did not meet the legal requirements for a name under Californian law. In light of this, the couple changed their son's name to X Æ A-Xii.

In Scotland, children under the age of 16 can request a change of forename and surname with the Registrar General, following a similar process to that of adults, but legislation only allows for one change of each. Changing the name of someone under 16 can only be done by someone with parental responsibility, most commonly the parents. If more than one person has parental responsibility, both must agree to the name change.

If someone without parental responsibility for the child wishes to object to the name change, a court order is required. In this instance, you should always consult an experienced advisor.

After changing your name

Once your name is officially changed, you must update any official documentation and inform relevant agencies. This includes the DVLA, Passport Office, HMRC and your local council. You should also inform your GP, dentist's office, bank, insurance companies, employer and other such organisations.

Everybody’s circumstances are individual. If you want to change your name but are uncertain of your situation, contact us for professional legal advice.

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