Brad Pitt and Angelina Jolie's (now adult) daughter, Shiloh Jolie-Pitt, has made headlines for submitting a petition to a Los Angeles Court to legally remove her father's surname “Pitt”. Shiloh is not the first of the children to seek a move away from the Pitt name – Shiloh's siblings Vivienne, Zahara and Maddox have also reportedly and publicly used “Jolie”. However, Shiloh is thought to be the first to take steps to legally formalise her name change.
But what's in a name? For many, it provides a strong sense of identity, something which inextricably connects them to their family and loved ones. So, the decision to change your surname is, inevitably, a meaningful and impactful one – particularly if, like Shiloh, you're intending to drop a parent's name from your surname.
Changing an adult's name
There are no legal restrictions on informally changing your name, but you are likely to need documentation to confirm your change of name with organisations such as the Passport Office. In England and Wales, there is no need to make an application to the court; you can officially change your name by signing a Change of Name Deed or through the Deed Poll service.
If a woman marries, she can use her marriage certificate as evidence that she has changed her surname to that of her husband's. If she divorces, she can change her name back to her maiden name on official documents by supplying a copy of the Decree Absolute / Final Order in divorce and the marriage certificate. Other organisations may require a change of name deed or deed poll for their married name to be changed.
Changing a child's name
Shiloh submitted the petition to change her surname on the day of her 18th birthday; as an adult, this is a decision she was able to make herself without needing her parents' consent. In England and Wales, anyone aged 16 and over can change their name but changing the name of a child under 16 will require the consent of both parents, unless one of them does not have parental responsibility, or permission from the court.
Even if one parent does not have parental responsibility it is sensible to obtain their consent to the name change, otherwise they could make a court application to change the child's name back.
With cohabiting couples being the fastest growing type of family in the UK, an increasing number of children are being born to unmarried parents with different surnames, with many opting to give the child a double-barrelled surname (like Jolie-Pitt). On the other hand, following separation or divorce, some parents understandably want to share a common name with their children and applications to change (so as to double-barrel) children's surnames are becoming increasingly common.
If parents agree, then the child's name can be changed by both of them signing the Change of Name Deed or Deed Poll without the need to involve the court; but, if there is a dispute, mediation or family therapy can provide a constructive forum for discussing why the change of name is so important and whether it is in the best interests of the child. If, ultimately, the parents cannot agree, one of them will need to make an application to the court for a Specific Issue Order permitting the name change.
In making any decision about whether to change a child's name, the court's paramount concern is the child's welfare. The court must not make an order unless to do so would be better for the child, and it must consider the welfare checklist.
The court will look at:
- the reasons given for wanting to change a child's name
- the link of the new name to both parents
- the quality of the relationship between the child and both parents
- any potential impact of the name change on the child
- the importance of the surname to the child's identity.
Important concerns can include:
- wanting to maintain the child's connection with a parent they don't live with
- strengthening a familial cultural/religious link
- cementing a new familial connection for adopted children
- any evidence which suggests that the child is experiencing confusion or anxiety by having a different name to a parent or sibling
- the age of the child – this will likely have an impact on how much they identify with the name they currently have
- Where the parents were married – the fact of the marriage is important, and there would have to be strong reasons to change the name.
The decision to change a child's surname is often deeply personal and can be driven by a combination of practical, emotional, and social factors. It can be a difficult subject for parents to tackle – particularly in high conflict cases – so early legal advice is recommended to ensure the issue is approached in the best way possible.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.