Surname Changes

[tarajobrien]

Hi

just wondering if there was any sort of offical procedure/documentation when a surname is changed? Or could it be easily done back then?
Here is the story:

Elijah Smith born Anstey Hertfordshire end of 1858, my 2nd great grandfather.
Sometime between his birth in 1858 and the 1871 census Elijah's father died and his mother married John Miles a horse dealer and farmer. Before the 1871 census she also dies. Elijah and his sister Emily on the 1871 census still have the surname of Smith. Their surname is changed to Miles sometime between 1871 and 1876 when Elijah married in London.

thanks
Tara

[Darcy]

Hi Tara 

I won't be any help to you but I can sympathise.

My 2nd great grandmother uses 3 different surnames - her 6 children have these surnames shared among them!

I can find neither marriage or divorce for her. It makes research interesting to say the least.

I have spent a small fortune on 1837online looking for them - you just don't know who is under what...

Maybe Chris will consult his Oracle for us

Cheers
Aaron

[Frances]

Hi Tara & Aaron,

Earlier this year along with my husband I spent much time at Kew trying to find a change of name in the 1860's. I am sorry to say that we failed miserably. You first have to look up the appropriate book to find the refernce number to order by year.
We did not know the exact year only that it was before 1864.
We than had to take a guess as to which number to order, there were there were about fifty in each of the years we looked at.

After ordering and trusting on luck rather than judgement we were given a very large scroll. (this was just one reference
number). Shelves are provided to use for this purpose but it is
very diffcult to handle and read. The manuscripts were hand  sewn together and we were very afraid of damaging this document. In the end we gave up and returned home after six hours of travelling time very disappointed.

I did consult a gentleman who I knew visited the NA on a regular basis and he agreed that we had a more or less hopeless task on what we knew.

I am adding a link to the NA in case you have not seen the Change of name information.

Good Luck to you both. Frances

PS If anyone has any further advice to give me it would be
greatfully received!

http://www.nationalarchives.gov.uk/familyhistory/name/

[Little Nell]

Hi all,

I have looked in "Ancestral Trails" about name changes and gleaned the following:
"At common law, a name is merely the label by which a person is generally known.  I could start calling myself John Smith and it would be quite legal (unless it was for a fraudulent purpose).  No legal formality or advertisement is now required to change your name..... However, if I wanted some proof that I had changed my name from that appearing on my birth certificate, I could execute a document known as a deed poll, that is a deed formally evidencing an intent to use a new name."

The author also says that the Christian name of a child given on a birth certificate can be changed within 12 months of the birth being registered if the child has not been baptised with the registered name.

I think a lot of people changed their names e.g. by being known by their middle name rather than their first name, or choosing a different Christian name.  But doesn't it make life difficult for us!

Nell

[Boongie Pam]

From a "records" point of view my name has randomly changed.  There will be no record of why my name changed at the age of 10 then again at 17.  It's an innocuous reason.  I got a step dad but my mum never actually married.

Pam
 

[Jane Masri]

To the best of my knowledge, changing names was as Nell described.  You can change your last (surname) without legal formality, but to change your first (Christian) name you have to do that by deed poll, as it's your GIVEN name.  I think that's the law of the land to this day. So, it doesn't look like there will be any documentation

Jane

[Darcy]

Hi All,

thanks for your input.

Frances what an enormous task!

Nell, Jane & Pam -

My g. grandmother appears to have been a Free Spirit.

I doubt if she would have used a legal avenue even if it was available. Some of her childrens birth certs. are a delight - real Disneyland stuff!

On one she uses her maiden name three times - married name, former name and the father's name too.! Tee Hee
I love the woman!

Cheers
Aaron 

[MrsLizzy]

The law is that an adult can call him/herself whatever he/she likes, as long as it is not for fraudulent purposes.  This applies both to so-called "Christian" names and to surnames.  In the 19th century, I think it was, a Law Lord pronounced that a name given in baptism could only be changed by the Bishop on confirmation (consequently mine was) but this was later held to be incompatible with basic human rights.  If you wish to be known officially by your new name (either surname or first name) then you can draw up a document called a Change of Name Deed.  A solicitor will do this for you for up to about £50 but it can be done much more cheaply.  This document MAY be registered at the Central or Supreme Court, but there is no obligation to do so, and you can just use it as evidence of your name change so that you can obtain your passport, driving licence etc.  Once you have the passport or driving licence, that then evidences your name although I would recommend keeping the Deed as you may need it when you come to renew any document.

The name of a person under 18 can only lawfully be changed with the agreement of both parents if both have Parental Responsibility and if the name is changed without this agreement, the Court can be asked by either parent to change it back.

[Jane Masri]

Ah Ha, that was interesting mrs. Lizzy!

Jane