Lawyers explain why women should consider giving their newborns their surname
Lawyers have weighed in on why expecting mothers should consider lending their surnames to their newborn babies, suggesting it can not only avoid legal ‘headaches’ but also play an ‘important part’ in developing a child’s identity.
Tradition is often still a powerful justification for bestowing a father’s surname on a newborn.
Historically, it served as a public signal of a child’s legitimacy through wedlock, and helped to determine who had the right to inherit property, royal titles, or wealth.
These days, being born outside of wedlock is much more common, but still many mothers choose to give the child they carried for nine months their partner’s surname.
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However, lawyers advise women to start giving their last name to their children too. Here’s how the small decision can help avoid a wealth of legal issues.
Benefits of giving a child your surname
Georgia Jones, a family lawyer at Curzon Green Solicitors, told Tyla that while there is no legal requirement for a child to share the same surname as their mother, it is ‘sensible’ to consider giving them their surname, or using a double-barrelled surname, particularly when parents are unmarried
“For the child, having a surname which represents both sides of their family can provide a sense of belonging to both family lines and the Family Court recognises that this is an important part of a child's identity,” she confirmed.
Emma Anne Alves, founder of Alves Law, added that it's also ‘one small way for mothers to be recognised in this world that tries so hard to belittle them’.
“It’s a mother’s easiest proof of connection to her child, simply put. And the honour of passing down your name to your child should be reserved for mothers too, after all they are the ones who carried them to life.”
Issues can arise if child surname doesn’t match primary caregivers
Jones said that if you and your partner break up, and your child has a differing surname to the primary caregiver, then this can ‘sometimes create administrative inconveniences when dealing with schools and healthcare providers’.
Lorraine Watts, Head of Family Law at HCB Widdows Mason, said parents may also face difficulties when travelling abroad.
“If parents are travelling separately and the mother and children do not share a surname, there can be issues at the airport about whether they are allowed to take the child abroad on holiday.”
She explained that this can happen ‘regardless of whether or not the parents are separated’.
Moreover, Alves said if the father becomes absent later on, it can be hard for mothers to deal with ‘daycare, schools, hospitals or border control staff’ as they will have to constantly establish the relationship with authorities.
“A child may also feel isolated or alienated this way, because for small children, it would feel strange not to share a name with their only parent,” she continued.
Benefits of choosing a double-barrelled surname
While double-barrelled surnames can be long and sometimes tedious, it does mean that both parents’ lineage is represented, Alves said.
“Travel issues are easily avoided. It is also helpful if the mother already has other children who share her name,” added Watts.
However, even double-barrelling can cause minor problems. Sometimes databases glitch and smash the names together. This can cause minor inconveniences that are sometimes difficult to sort out, the experts stated.
Longer names may also prove cumbersome to write on forms and documents.
It could prove difficult for young children to write out in school and, when they get older, issues with their social mediahandles and email addresses may arise.
Changing child’s surname can be legal ‘headache’
Despite it being ‘best to establish a child’s surname from birth’, sometimes situations arise, requiring mothers to switch up their child’s last name.
Anyone in this predicament should be aware that a name change requires the consent of everyone with parental responsibility.
"If the other parent does not consent and a court application has to be made, it is possible that the court could refuse a change as their considerations are what is best for the child rather than how it might affect either parent,” warned Watts.
“For example, if an older child has always been known by one surname, the court would assess what the impact on them would be if this were changed."
Alves also stated that changing a surname can be a ‘very lengthy and costly’ process, describing the campaign as a bit of a ‘headache’.
“[It’s] best to decide while the child is still in their belly,” she added.
Ella Scott