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A deed of change of name is a legal document in the United Kingdom and Republic of Ireland, which enables a single person or a family to officially change their name. In informal usage it is referred to simply as a deed poll, although other kinds of deed poll exist.

Such a deed is not a legal requirement for a name change in the UK but organisations such as banks and government departments may not recognise the change of name without this or a Statutory declaration.

Contents

[edit] Legal procedure

In England and Wales, such a deed may be registered in the Central Office of the High Court. Deeds so registered are advertised in the London Gazette. A deed of name change on behalf of a minor must be approved by the Senior Master on behalf of the Master of the Rolls who will take into account the child's best interests. Registration of deeds is regulated by the Enrolment of Deeds (Change of Name) Regulations 1994, Statutory Instrument 1994 No. 604[1]. Compared to some other European countries, e.g. Germany, a name change in the UK is easy and virtually unrestricted regarding choice.

In the Republic of Ireland, a deed poll of change of name (Irish: Athrú Ainm de réir Gníomhais Aonpháirtí) is obtainable from the Central Office of the Four Courts, Dublin at a cost of €30. Like in the UK, there are very few restrictions on name changes. One is that foreign nationals must also obtain a change of name license from the Irish Naturalisation and Immigration Service. One of Ireland's most noted name changers is the politician Seán Loftus, who repeatedly added middle names referring to his political views so that they would appear on election ballot papers.

Note that the registration of a deed of change of name is not a legal requirement in the United Kingdom. A standard legal document, with stock wording, filled in by the person making the deed poll, and signed in presence of a witness, carries sufficient legal authority to be recognized. The witness need not be a solicitor but can be anyone over the age of 18 independent of the person changing their name.

In England and Wales, a deed of change of name will not change the name on a birth certificate. For instance, when applying for a passport, both the certificate and the deed would need to be presented as documents of identity. In Scotland, a change of name will alter the name on the birth certificate. However, only one change of forename and three changes of surname are permitted [2]

In re Parrott, Cox v Parrott [1946] Ch 183, Justice Harry Vaisey stated that he did not believe that a deed poll could be used to change a person's Christian name (first name)--that could be done by only an Act of Parliament. Deeds that change a person's first name are registered[by whom?] in the High Court, and they are usually endorsed "Notwithstanding the decision of Mr Justice Vaisey in re Parrott, Cox v Parrott, the applicant wishes the enrolment to proceed".

[edit] Wording

The following simple wording is sufficient[3]:

Change of name deed by [former name] of [address]
I have given up my name [former name] and have adopted for all purposes the name [new name].
Signed as a deed on [date] as [former name] and [new name] in the presence of [witness's name, signature and address].

[edit] References

  1. ^ Enrolment of Deeds (Change of Name) Regulations 1994
  2. ^ http://www.gro-scotland.gov.uk/files2/registration/rcn1.pdf
  3. ^ Adler, Mark. Clarity for lawyers. 2nd edition. London: Law Society, 2007, pages 185-186.

[edit] See also

Gender Recognition Act 2004

[edit] External links




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