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Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
There is no formality set out in law in Ireland for the change of a person’s name or the assumption of another name.
You may change the name you commonly use by simply adopting a new name. However, you will probably experience some difficulty proving the change to both public and private bodies without a document referring to the change.
A deed poll is a signed declaration that binds you to a particular course of action from the date of signing.
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It is most often used to declare an intention to change your name. A deed poll for a change of name contains declarations (in other words, ‘a sworn statement’ or affidavit) that you:
• Are abandoning the use of your old name
• Will use your new name at all times, and
• Require everyone to use your new name
What do you need to do if you want to change your name after marriage?
There is no legal obligation on anyone in Ireland to change their name when they get married. You may change your name after marriage for tradition or cultural reasons.
You may, for example, want to show you have joined a new family and therefore take the new name – but this is just a social or cultural choice with no legal basis.
If you change your name when you marry, you do not need to execute a deed poll. Most organisations will accept your marriage certificate as evidence of your name change.
How you earn your name is by ‘use and repute’. This means for most purposes, if someone wants to be known by their married name (or any other name), then they just use this name and ask people to call them by it.
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What do you need to do if you want to change your name after separation or divorce?
You may want to revert back to your maiden name after separation or divorce. It is likely there will be several organisations you need to contact to update your personal details, for example, your bank, your employer, the Motor Tax Office, your healthcare provider.
Every organisation will have different requirements so check what is needed to complete the process. You usually will have to provide a valid form of identification and certified evidence of your previous name. You may need to provide a certified copy of your separation agreement or divorce decree.
What is the procedure to change the surname of a child?
The surname of a child can be changed in the Register of Births, but only in certain circumstances.
However, the surname of a child can also be changed by deed poll or common usage. Children aged between 14 and 17 years can execute (carry out) the deed poll themselves but they need the consent of both parents.
Where a child is under the age of 14 years, one of the child’s parents must execute the deed poll with the consent of the other parent. If you want to change the name of a child by deed poll you should contact the Central Office of the High Court and ask for the necessary documents.
Is there a need to change your name by deed poll?
The advantage of changing your name by deed poll is that you then have documentary evidence that you have changed your name. This, along with your birth certificate, is acceptable for most administrative procedures and provides an easy and inexpensive solution to most of the difficulties that can arise when you change your name.
If you changed your name when you married, you do not need to execute a deed poll as you have your marriage certificate as evidence of your name change.
How do you carry out a deed poll?
Carrying out (or ‘executing’) a deed poll is a relatively simple process. You can get a solicitor to do it or you can do it yourself.
First, you declare that you have given up a former name and adopted a new name for all purposes. You then sign the deed poll in the presence of a witness.
The witness must also swear an affidavit (called an affidavit of attesting witness) in the presence of a solicitor or commissioner for oaths.
If you are a non-EEA national aged 18 or over, and you want to change your name by deed poll, you must get a ‘change of name licence’ from Immigration Service Delivery (ISD).
This rule is set out under Section 9 of the Aliens Act 1935. You can get an application form for a change of name licence by writing to the Change of Name Section in ISD.
British citizens are not required to obtain a change of name licence to change your name by deed poll. However, you may be required to provide a letter from the Department of Justice stating that you do not require a change of name licence.
How do I ensure there is recognition of my new name?
Your name change does not necessarily need to be supported by any documentary evidence although evidence is often needed for a wide range of administrative and legal matters.
Government bodies and services (for example, Revenue or the Passport Service) may need proof of your new name. Each body may have their own requirements for verifying the change.
Some ask for a copy of the deed poll, others ask for an enrolled copy, and some may need ‘proof of usage’ of your new name with documents dating back at least 2 years. You should contact any relevant organisations or bodies to check what their requirements are.
What is the cost of changing your name by deed poll?
There is a small fee to have the affidavit of attesting witness sworn before a commissioner for oaths or a practising solicitor.
There is no fixed rate of charges for legal fees, so you should ask in advance for information on such charges. If you enrol the deed poll in the Central Office of the High Court, you will have to pay stamp duty of €60.
• For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary.
The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
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