Change of child’s given name: landmark ruling

A recent case involving a non-binary child has provided insights into how the courts should approach legal matters surrounding a child’s name and identity.

Tracey Obiakor, trainee solicitor in the Family Law team at Lodders explains the recent case of C (A Child) (Change Of Given Name) [2024] EWCA Civ 1582 and what this could mean for future judicial decisions about gender identity and children’s rights.

Legal guidelines for changing a name

In the UK, individuals aged 16 or over can apply to change their name independently using an unenrolled deed poll and those 18 or over can apply for an enrolled deed poll. An enrolled deed poll places the new name on public record and involves applying to the Royal Courts of Justice and a cost of £50.32.

Children under the age of 16 cannot legally change their own name and instead the decision must be made by either parents or guardians with parental responsibility. This decision can either be made by a unanimous agreement of both parents if they have parental consent or through a court order.

When disagreements between those with parental responsibility arise, the court may need to intervene and decide whether the suggested name change is within the best interest of the child as outlined in the Children Act 1989. The Act states that a child’s welfare should be the main consideration in any legal decision affecting them.

Recent case of C (A Child) (Change Of Given Name) [2024] EWCA Civ 1582

A recent case brought to the Court of Appeal involving a 15-year-old, referred to as ‘C’, has provided insights into how the courts should approach sensitive legal matters surrounding a child’s name and identity.

In this case, C had expressed to their parents the belief that they were non-binary at age 12 and wished to be referred to by a new gender neutral name and they/them pronouns. C’s parents were in the process of a bitter litigation between each other in relation to the living and contact arrangements for C and their two other children. While C’s mother supported their decision to come out as non-binary, C’s father did not.

In response to this, C’s mother applied for a specific issue order permitting a change of C’s given name. The Judge refused this application and would not use the requested gender neutral pronouns so as not to risk “giving the appearance of prejudging the issues.”

The subsequent appeal

The Court of Appeal ultimately allowed the appeal against the refusal to permit the name change, stating that the case was a straightforward welfare issue and that the Judge’s decision not to use gender neutral pronouns in his judgement was wrong and in conflict with the July 2024 edition of the Equal Treatment Bench Book.

The Court of Appeal’s judgement also addressed several other important considerations, including:

• Jurisdiction and legal basis – Section 13(1)(a) of the Children Act 1989, which states that a child cannot be known by a new name without the written consent of those with parental responsibility (this refers only to surnames and not given names)
• Consideration of the child’s wishes and capacity – if a young person with capacity strongly wishes to change their name, then their views should carry significant weight, especially when backed by a guardian
• Gender identity considerations – a child’s name change request should not be treated as a gender case but instead an issue of individual identity and welfare
• The child’s welfare and Article 8 rights – the Children Act 1989 (section 1) states that the child’s welfare should be the court’s paramount consideration. Changing a name also engages Article 8 of the European Convention on Human Rights, which protects the right to a private life, including control over an individual’s name and identity

Implications of this ruling

This landmark ruling marks a significant step in the way our legal system determines disputes involving gender identity and children’s rights. The Court of Appeal has set a precedent that respects the individual autonomy and identity of young people and the necessity of considering their welfare and expressed wishes in legal proceedings.

Changing a child’s name is a significant decision which is likely to affect their identity and wellbeing and so it is important to remember that circumstances and rulings may vary for each individual child.

At Lodders, our dedicated Family Law team understands how challenging these issues can be and is committed to supporting families with professionalism and sensitivity. To speak to one of our experienced family lawyers, please do not hesitate to get in touch today.