W, F, C and D (minors)(Name changes disclosing gender reassignment and other matters) (Rev 1)

W, F, C and D (minors)(Name changes disclosing gender reassignment and other matters) (Rev 1)

Publication of full old and new names in Deed Poll enrolment for minors undergoing gender reassignment is a disproportionate interference with privacy rights; only the surname and date should be published. Applications for name change without consent of all persons with parental responsibility must be adjourned until Family Court orders are obtained. Consent of children aged 16 or 17 must be formally evidenced. Applications lacking evidence of reasonable diligence in locating non-consenting parents must be adjourned.

Parties
Applicant: Child W; Applicant: Child F; Applicant: Child C; Applicant: Child D; Applicant's Parents: Parents of W; Applicant's Parents: Parents of F; Applicant's Parent: Mother of C and D; Non Consenting Parent: Father of C and D
Jurisdiction
England and Wales
Judgment Date
12 February 2020
Procedural Posture
Application for Enrolment of Deed Poll for Minors / Judgment on Applications
Outcome
Applications for Child W and F granted with privacy modifications; applications for C and D adjourned pending Family Court orders and evidence of reasonable diligence.
Legal Topics
Name Change, Gender Reassignment, Parental Responsibility, Privacy, Specific Issue Order, Children Act 1989, Human Rights Act 1998, Gender Recognition Act 2004, Deed Poll Procedure
Family Law Human Rights Child Law Civil Procedure Name Change Gender Reassignment Parental Responsibility Privacy +5 more

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Parties

Child W

Applicant

Child F

Applicant

Child C

Applicant

Child D

Applicant

Parents of W

Applicant's Parents

Parents of F

Applicant's Parents

Mother of C and D

Applicant's Parent

Father of C and D

Non Consenting Parent

Procedural Posture

Application for Enrolment of Deed Poll for Minors / Judgment on Applications

Legal Issues

  1. 1 Whether publication of full names in Deed Poll enrolment for minors undergoing gender reassignment violates privacy rights under ECHR and Gender Recognition Act 2004
  2. 2 Whether parental consent and child consent requirements under the Enrolment of Deeds (Name Change) Regulations 1994 and Practice Direction 5A are satisfied
  3. 3 Whether applications for name change without consent of all persons with parental responsibility require prior Family Court orders

Ratio Decidendi

Publication of full old and new names in Deed Poll enrolment for minors undergoing gender reassignment is a disproportionate interference with privacy rights; only the surname and date should be published. Applications for name change without consent of all persons with parental responsibility must be adjourned until Family Court orders are obtained. Consent of children aged 16 or 17 must be formally evidenced. Applications lacking evidence of reasonable diligence in locating non-consenting parents must be adjourned.

Court Disposition

Applications for Child W and F granted with privacy modifications; applications for C and D adjourned pending Family Court orders and evidence of reasonable diligence.

Orders

  • For Child W and F, only surname and date to be published in the London Gazette; Deeds to be retained at court and not lodged at National Archive until further consideration.
  • Court files for W and F to be marked Private and inspected only with court permission.