Deed of change of name

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 his or her 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.

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.

The procedure, requirements and law surrounding the issue in Northern Ireland are similar as in England and Wales.

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 was the politician Seán Loftus, who repeatedly added middle names referring to his political views so that they would appear on election ballot papers.

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, Northern Ireland 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.^{[citation needed]} In Northern Ireland, for children between the ages of two and eighteen years, only one change of forename(s) and one change of surname may be recorded. 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 can be registered by the applicant in the Enrolment Books of the Supreme Court of Judicature, which is located within the Royal Courts of Justice in the Strand, London, 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".

Misconception

There is a great deal of confusion, within the UK particularly, about what a deed of change of name actually is. Although in theory it's nothing more than a document that can be prepared at home free of charge, due to the common expression "to change one's name by deed poll" many people incorrectly think that "Deed Poll" is an official Government office or similar where one registers a change of name. Numerous websites have sought to capitalise on this misunderstanding by creating official looking, yet completely unnecessary 'deed poll' websites that charge people to create these documents on their behalf. ^[3]

Wording

The following simple wording is sufficient:^[4]

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].

Alternative wording

DEED POLL ON CHANGE OF NAME ^[5]

THIS CHANGE OF NAME DEED made this day day of month year

BY me the undersigned new name in full of address excluding county and postcode in the County of county now or lately known as old name in full a British citizen under section 1(1) (or a Commonwealth citizen under section 37(1)) of the British Nationality Act 1981

WITNESSES AND IT IS HEREBY DECLARED as follows:-

(i) I absolutely and entirely renounce relinquish and abandon the use of my said former name of old name in full and assume adopt and determine to take and use from the date hereof the name of new name in full in substitution for my former name of old name in full,

(ii) I shall at all times hereafter in all records deeds documents and other writings and in all actions and proceedings as well as in all dealings and transactions and on all occasions whatsoever use and subscribe the said name of new name in full as my name in subsitution for my former name of old name in full so relinquished as aforesaid to the intent that I may hereafter be called known or distinguished not by the former name of old name in full but by new name in full only,

(iii) I authorise and require all persons at all times to designate describe and address me by the adopted name of new name in full.

IN WITNESS whereof I have hereunto subscribed my adopted and substituted name of new name in full and also my said former name of old name in full and have set my hand the day and year first above written.

SIGNED AS A DEED

by the above-named

_____________________________________ (new signature) ____________________________________ (old signature)
new name in full, formerly known as old name in full

in the presence of

_____________________________________ (first witness's signature) _____________________________________ (second witness's signature)
first witness's name and address, second witness's name and address

See also

• Gender Recognition Act 2004

References

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

External links

• Citizens' Advice Bureau (UK). How to change your name
• DIY Deed Poll
• Web-based DIY Deed Poll generator
• Her Majesty's Courts & Tribunals Service. Enrolling a name change in the Royal Courts of Justice March 2008. (Microsoft Word document; includes standard wording)