Changing the Surname of Children - Essay Example

Families believed that changing a child's surname is important to obtain proper financial support for the child from the father and as a confirmation to the child that he or she is genuinely and securely part of a family therefore can demand vested rights from his or her parents. Relevantly important is that in knowing the father of the child, it can help provide medical information which can help answer questions about the health of the child and his or her characteristics as he or she grows up.

Proper medical information about a child is important so that she will be given the proper medical treatment in a hospital in cases she got sick or suffered a disease, or a clear explanation about the traits he or she possesses. An example of a disease or trait where medical information about the child is important is the sickle cell disease and the sickle cell trait. Under the British laws, changing the surname of a child should be in consonance with the provisions of the Children Act 1989 and the Family Law Reform Act 1987.

These laws, particularly the Children Act, provide that in order to win this case, the Court should be persuaded that the change of surname is in the "best interest of the child", that is, for the welfare of the subject. Any person who may seek the change of a child's surname should seek a leave of Court is so doing. The persons who can seek the change of a child's surname are those having parental responsibility including the biological father. "Parental responsibility" shall mean all the rights, duties, powers, responsibilities and authority which by law a parent of a child have in relation to the child and his property (Children Act 1989, sec. 3, par. 1).

In this case, since Mr. Smith was granted parental responsibility over his children, he has the right to ask the Court to change the surname of his children to his surname.When confronted with a petition to change a child's surname, the Court is reminded that any delay in determining the questions is likely to prejudice the welfare of the child (Children Act 1989, sec. 1, par.2). In determining whether to grant the said petition, the Court should consider the following:a) the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);b) his physical, emotional, and educational needs;c) the likely effect on him of any change in his circumstances;d) his age, sex, background, and any characteristics of which the court considers relevant;e) any harm which he has suffered or is at risk of suffering;f) how capable each of his parents and any other person in relation to whom the court considers the question to be relevant is of meeting his needs;g) the range of powers available to the court under this Act in the proceedings in question.

The Court should also consider the welfare report or contact reports of the parent involved. In the case of Mr. Smith's, considering the requirements set by law and of the evidences at hand of the petitioner, the petition of Mr. Smith to change the surname of his children should be granted by the court for the following reasons:1) The result of the paternity test revealed that Mr. Smith is the father of the children. 2) Mr. Smith is in the better position to take care of the children. He can best provide for the needs of the children. Contact