News · Children and divorce

Brad Pitt’s children seek to drop his surname: what England and Wales law says about changing a child’s name

By Jess Knauf, Director of Client Strategy at Mediate UK · 17 July 2026

Recent reports have focused on Zahara and Maddox Jolie-Pitt taking formal steps in California to remove “Pitt” from their surnames. The applications have attracted attention because of the family’s long and highly publicised history following Angelina Jolie and Brad Pitt’s separation.

Key point

Zahara and Maddox are 21 and 24. They are adults, so they can make their own decisions about their names and do not need parental permission. The position is different when a parent wants to change a child’s surname in England and Wales.

Can you change a child’s surname after divorce?

A divorce or separation does not, by itself, give one parent the right to change a child’s name. It also does not normally remove the other parent’s parental responsibility.

Parental responsibility covers the important legal rights and duties involved in raising a child. According to GOV.UK guidance on parental responsibility, this expressly includes naming a child and agreeing to a change of name. A parent who does not live with the child can still have parental responsibility and must be included in significant decisions.

The central question is therefore not simply whether the other person is the child’s mother or father. It is: who currently has parental responsibility for the child?

More than two people can sometimes have parental responsibility. It may be held by parents, adoptive parents, guardians, special guardians, certain step-parents or a local authority, depending on the child’s circumstances and any court orders.

What permission is needed to change a child’s name?

For a child under 16, the usual position is that everyone with parental responsibility must agree to the proposed change. It is sensible to obtain that agreement in writing.

When agreement cannot be obtained, the parent seeking the change will normally need permission from the family court. The official GOV.UK child deed poll guidance states that an application requires either the agreement of everyone with parental responsibility or a court order.

There is an additional statutory restriction where a child arrangements order regulating with whom the child lives is in force. Section 13 of the Children Act 1989 says that a person must not cause the child to be known by a new surname without either the written consent of every person with parental responsibility, or permission from the court.

Key point

The restriction is not limited to completing a deed poll. Informally asking a school, GP or other organisation to use a new surname may still amount to causing the child to be known by that name.

Changing a child’s name without the father’s consent

“Can I change my child’s surname without the father’s consent?” is a common question, but the legal answer depends on parental responsibility rather than gender.

Where the father has parental responsibility, his consent will usually be required alongside the consent of every other person who holds it. The same rule applies when it is the mother or another parental responsibility holder who objects.

Where only one person has parental responsibility, that person may normally proceed, provided there is no court order preventing the change. Parents should check the legal position carefully rather than assuming that an absent or uninvolved parent has no parental responsibility.

A lack of contact does not automatically cancel parental responsibility. Nor does a disagreement over contact, maintenance or another parenting issue give one parent permission to change the child’s surname unilaterally.

How is a child’s name changed by deed poll?

A deed poll for a child provides formal evidence of the name change. For a child under 18, a parent or guardian can use an unenrolled deed poll or apply to enrol the deed poll with the High Court.

An enrolled deed poll places the change on the public record and results in a notice being published in The Gazette. Families should consider the privacy implications before choosing this option. Some organisations may accept an unenrolled deed poll, while others may set their own evidential requirements.

A practical process will usually involve:

Confirming everyone who has parental responsibility.
Discussing the proposed name with the child in an age appropriate way.
Obtaining written consent from every parental responsibility holder.
Completing the appropriate deed poll.
Using the deed poll to update relevant records.

A new child passport is required if the name on the passport is to be changed. HM Passport Office asks for evidence of the name change, evidence that the new name is being used, and written consent from everyone with parental responsibility.

Children aged 16 or 17 can make their own unenrolled deed poll. Different requirements apply if an enrolled deed poll is sought, so the current GOV.UK guidance should be checked before applying.

Why the child’s age and wishes matter

A surname can form part of a child’s identity, cultural background and connection with both sides of their family. A proposed change should not be treated merely as an extension of conflict between adults.

Under section 1 of the Children Act 1989, the child’s welfare is the court’s paramount consideration when it determines a question about the child’s upbringing. The court’s welfare checklist includes:

the child’s ascertainable wishes and feelings, considered in light of their age and understanding;
their physical, emotional and educational needs;
the likely effect of a change in circumstances;
their age, background and relevant characteristics;
any harm they have suffered or may be at risk of suffering.

There is no simple rule that a child automatically decides the issue upon reaching a particular age below 16. However, the views of an older or more mature child are likely to carry greater weight than those of a very young child. Their wishes are important, but they are considered as part of the wider welfare assessment rather than in isolation.

Parents should also avoid making the child feel responsible for choosing between them. Asking “do you want my surname or your other parent’s surname?” may place the child in an unfair loyalty conflict.

Where does family mediation fit in?

When parents disagree, family mediation can provide a private setting in which to explore the reasons behind the proposed change. The mediator does not decide what the child should be called. Instead, mediation can help the parents consider why the change is being proposed, how the child currently identifies, the child’s relationship with each side of the family, whether a double barrelled surname could be considered, the effect on school, passport and medical records, and how and when the child’s wishes should be heard.

Where appropriate, child-inclusive mediation may allow the child to speak confidentially with a specially trained mediator. This is not about asking the child to make the final decision. It is a way of ensuring that their experience, needs and wishes are properly understood without placing them in the middle of the dispute.

What happens if mediation does not resolve the disagreement?

A parent can apply to the family court for a decision. GOV.UK directs parents seeking permission for a child’s name change to use Form C100 to apply for a specific issue order, and our C100 guide explains how that application works. Some related applications are made on form C1 instead and need the separate FM1 form, covered in our guide to the MIAM certificate.

Before making most applications, the prospective applicant must attend a Mediation Information and Assessment Meeting, commonly called a MIAM. Exemptions may apply, including in some cases involving domestic abuse, urgency or a risk of harm. Attending a MIAM does not compel either parent to mediate if mediation is unsafe or unsuitable.

Ultimately, the court will not approach the case as a contest over which parent has the stronger claim to the child’s identity. Its focus will be the child’s welfare, their sense of belonging and the likely effect of changing, or keeping, their name.

How this affects your situation

If you share parental responsibility, you need the written agreement of everyone who holds it before your child is known by a new surname, and informal changes at school or the GP count.

If a child arrangements order is in place, section 13 applies: written consent from every parental responsibility holder, or the court’s permission.

If you cannot agree, mediation is the natural first step, and the 500 pound mediation voucher may cover it because the dispute concerns a child. Court needs a MIAM first in most cases.

Jess’s view

“Surname disputes are always about what is in the best interests of the child. In mediation we take the question out of the parents’ conflict, put the child’s experience at the centre and stay open to middle ground, a double barrelled name often works well. Whatever you agree, put it in writing. And remember, you will need a MIAM before court for this situation, so try to think of alternative solutions first.”

Jess Knauf, Director of Client Strategy, Mediate UK