For most of us, our name is one of the few constants in life. From childhood through to adulthood, our name forms a key part of our identity. Traditionally, women have changed their surnames upon marriage, adopting their husband’s family name. But this is a matter of custom, not law. In fact, up until the 19th century in Scotland, women often retained their maiden names after marriage.

In modern Scotland, however, issues around names can become especially complex in the context of family breakdown. When a couple separates, new arrangements must be made, particularly when children are involved. But it is not just about where the children live or how often they see each parent. Sometimes, questions arise regarding what name a child should go by, especially if one parent remarries and changes their surname.

An altered family dynamic

When parents divorce, it often results in children living primarily with one parent while spending time with the other, perhaps staying over at weekends or during school holidays. These arrangements are typically worked out amicably between parents, but sometimes they involve dispute resolution, mediation, or even court proceedings to ensure the child's welfare is protected.

As time goes by, one or both parents may move on to new relationships. If the mother remarries and takes on her new husband’s surname, a situation can arise where she no longer shares a surname with her child. This can lead to difficulties, especially in formal or official contexts. 

Indeed, travelling abroad, enrolling in school, registering with a GP, or dealing with other public services can become more complex when a parent and child have different surnames. There may also be a desire - emotionally or practically - to present a unified family identity.

Can you change a child’s name?

While it might seem like a straightforward administrative change, altering a child's surname after divorce is not a decision one parent can make alone, at least, not if both parents hold Parental Responsibilities and Rights (PRRs) under Scottish law.

PRRs grant a parent legal authority in a range of important areas affecting a child’s life. A father named on the birth certificate after 4 May 2006 automatically has these rights. They can also be granted by agreement or by court order. This means that, in most cases, both parents must consent to a name change.

A change of name can be registered with National Records of Scotland or declared by Statutory Declaration. But without the agreement of both parents with PRRs, the process cannot move forward.

If the non-resident parent does not consent, and no resolution can be found between the parties, the parent seeking the name change must apply to the sheriff court. The court may also become involved if one parent attempts to change the child’s name unilaterally and the other wishes to prevent it.

The role of the courts

When the matter reaches court, the sheriff’s focus will be on one paramount issue: the best interests of the child. Not the convenience of the parent, not a desire for a fresh start, and certainly not any effort to exclude the other parent from the child’s life.

In evaluating the case, the court may consider a range of factors, including the length of time the child has used their current surname, their relationship with each parent, any potential confusion or harm from a change and, crucially, the child’s own views.

What does the child want?

Scottish law recognises that children are not mere passengers in legal decisions affecting their lives. Children have the right to express their views, and those views carry more weight as the child grows older and more mature.

In fact, children aged 12 and over are presumed to have sufficient maturity and understanding to form a view, although younger children may still be consulted depending on individual circumstances. The court may hear directly from the child, appoint a child welfare reporter, or, in some cases, allow the child to have their own legal representation in the proceedings.

This reflects a broader principle in Scots law: that children should be heard in matters that affect them, especially something as personal and defining as their name.

A name is more than a word

A child’s surname carries with it a connection to both sides of their family, as well as continuity in their identity. While it’s understandable that a parent may wish to align surnames in a new family unit, such decisions must be approached with care, collaboration, and a clear focus on what will best serve the child’s needs, not just now, but into the future.

Whether you are considering a name change for your child or facing opposition to such a change, it is important to seek proper legal advice early on. Understanding your rights, responsibilities, and the legal process can go a long way in reaching a solution that respects both parents’ roles and safeguards the child’s well-being.