W, F, C and D (minors)(Name changes disclosing gender reassignment and other matters) (Rev 1) [2020] EWHC 279 (QB) (12 February 2020)

W, F, C and D (minors)(Name changes disclosing gender reassignment and other matters) (Rev 1) [2020] EWHC 279 (QB) (12 February 2020)

Full publication of both old and new names of minors changing name due to gender reassignment is a disproportionate interference with their Article 8 ECHR rights; only the surname and date of Deed should be published. For children aged 16 or 17, their signed consent is mandatory. Applications for change of surname...

Source-derived case information.

Citation
[2020] EWHC 279
Parties
Applicant: Child W; Applicant: Child F; Applicant: Child C; Applicant: Child D; Applicants/guardians: Parents of W, F, C, D
Jurisdiction
England and Wales
Judgment Date
12 February 2020
Procedural Posture
Application for Enrolment of Deed Poll for Name Change (minors) / Judgment on Applications and Procedural Directions
Outcome
Partial grant and adjournment
Legal Topics
Change of Name, Gender Reassignment, Children's Welfare, Parental Responsibility, Privacy, Deed Poll, Specific Issue Order, Publication of Personal Data
Family Law Civil Procedure Human Rights Change of Name Gender Reassignment Children's Welfare Parental Responsibility Privacy +3 more

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Parties

Child W

Applicant

Child F

Applicant

Child C

Applicant

Child D

Applicant

Parents of W, F, C, D

Applicants/guardians

Procedural Posture

Application for Enrolment of Deed Poll for Name Change (minors) / Judgment on Applications and Procedural Directions

Legal Issues

  1. 1 Whether full publication of enrolled Deed Polls for minors changing name due to gender reassignment is compatible with ECHR Article 8 rights to privacy
  2. 2 Whether parental and/or child consent requirements under the Enrolment of Deeds (Name Change) Regulations 1994 and Practice Direction 5A are satisfied
  3. 3 Whether applications for change of surname by one parent without the other's consent should be granted absent a Specific Issue order from the Family Court

Ratio Decidendi

Full publication of both old and new names of minors changing name due to gender reassignment is a disproportionate interference with their Article 8 ECHR rights; only the surname and date of Deed should be published. For children aged 16 or 17, their signed consent is mandatory. Applications for change of surname by one parent without the other's consent should not be granted absent a Specific Issue order from the Family Court and evidence of reasonable diligence in seeking consent.

Court Disposition

Partial grant and adjournment

Orders

  • For Child W: Deed Poll enrolment approved with publication limited to surname and date; Deed to be retained at court, not released to National Archives until further consideration; file marked Private.
  • For Child F: Application adjourned for proper consent of the child as required by reg. 8(4); if approved, same publication and storage as for W.