If your husband has parental responsibility for your child then you will need his consent to change the surname. Parental responsibility is automatic if his name is on the birth certificate as you were married.

You are not removing his surname, you are adding to it. The issue is where your surname will be. If it is before his surname i.e. Eva mother’s name – father’s name, then that seems easier to accept. However, if your name is the final name, it may seem more like an absolute change rather than an ‘add on’.

Your request is perfectly reasonable if it does not change the surname to a completely different one with no link to father at all. If your husband will not consent to it, you will need to make a formal application to the court. You may do this in person if you cannot afford legal advice.

The decision for the court is based on what is best for your daughter. The factors taken into account include her wishes and feelings if she is old enough to have an opinion. Ultimately, if your daughter has a relationship with her father, then his surname should be retained unless you can show that it is not in her best interests. This would be in cases where there is no contact or relationship at all and you have a new family with other siblings of the same name making her feel ‘different’.

I hope you succeed!

Best Regards,

Harjit Sarang Partner Family Law

BEST Solicitors LLP

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