This is a common question where the parent having sole custody of a child (under 21 years) wishes to change the child’s name or surname.
Based on ICA’s policy, both parents should consent to the change of the minor child’s name, unless the parent (not signing the Deed Poll) has died or is uncontactable.
In our view, as ICA placed significance importance in a child’s name, even though you may have sole custody of the child, you should still seek the consent of the other parent for his/her consent unless he/she has died or is not contactable despite reasonable efforts.
For Deed Poll where only 1 parent is signing the Deed Poll, we require that parent to sign a declaration that he/she has gotten the consent of the other parent, or the other parent is not contactable or has passed away. This is strictly for our internal record/reference, and not for ICA.
We understand from ICA that a parent who signed a Deed Poll for a child under 21 years will need to sign ICA’s Declaration Form on the other parent’s consent or he or she is not contactable or has died.
Notwithstanding that we have prepared the Deed Poll for changing of your child’s first name(s)/surname, we do not warrant or represent that ICA will effect the change.