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5. Changing a child's name without the consent of an absent father whose whereabouts is not known
It may be possible for a mother to change her child's name by Deed Poll without the consent of a father (who has parental responsibility) who is absent and his whereabouts is not known. Usually, this situation arises where a mother wishes to change the surname of her child because the child has the father's surname and the father is now absent following separation or divorce. The mother may have entered into a new relationship and is using her new partner or husband's surname or has reverted to using her maiden name.
If the father has parental responsibility, is absent and his whereabouts is not known, you can apply for a Deed Poll but you need to support your application with a letter of consent, which should include information about what reasonable measures you have taken to contact the absent father - for example, writing to the father's last known address and contacting relatives and friends of the father etc. The letter should also include details of the period of absence by the father and examples of the father's lack of interest, for example, no maintenance payments and no Christmas or birthday cards or presents received by your child. See Example letter 4 (opens new window) on our example letters of consent page.