Identity/passport problem

[arty7777]

After our divorce my ex changed the childrens surnames to that of her new partners. She did not however change them by deed pole, just told everyone they would now be x. The problem is my son has not only a national insurance id in that name but also a passport., his birth cetificate still bears my surname. How did this happen? Is it ilegal? Reason for asking he want to change his name back to mine.

Thanks for your help in advance

Arty7777

[DSJ]

See a solicitor or make an appointment with the CAB. You do not say how old your son is now.

[arty7777]

Sorry, he is 24 years old and was given the passport when 16

[fredpuli47]

DSJ is right.Seek advice. In the ordinary way, your ex-wife can't change the surname of your children without your consent or a court order. A deed poll would make no difference, nor does what she has told the authorities.

[legend758duo]

This is the same with my youngest daughter.
hwer passport has her mothers new married name on it.she was also registered at school under this new name.and uses the new name.is it legal in scotland i dunno.but its been done.

[fredpuli47]

Arty, you posted whilst I was typing. Your son is 24. He's an adult. He can choose to use whatever surname he wants.In fact, his choice is easy because all he wants to do is use the name which was registered as his surname on his birth certificate. He'll have to get an official copy of his birth certificate and explain to the authorities what has happened. They may not want more (e.g a deed poll) in the circumstances viz the name he wants recorded is his legal name as shown by the birth certificate and, assuming he was a child at the time, his mother had not got your consent nor any court order ,but, if they do, a deed poll is no more than a solemn declaration that henceforth he wishes to be known by the name of [whatever his birth name is]. A solicitor will do one for him to sign and have it witnessed by someone in the solicitor's office.

[fredpuli47]

Further to the above. Your son was 16 when he got the passport. At 16 he was just old enough to choose his own name and use that surname, without your consent. Somehow the passport office accepted the application for a passport and issued it in that name, notwithstanding that his birth certificate showed a different name.It seems that someone persuaded them that he'd chosen to have that new surname: there must have been some evidence.So it looks as though getting a deed poll is a good idea.