The law in Scotland allows anyone to change his or her forename or surname legally at any time providing this is not to defraud. We are often asked how to legally change your name in Scotland.

Marriage, Divorce and Civil Partnership
Following marriage or a civil partnership you can use your birth name or your spouse's or partner's. A marriage or civil partnership certificate is sufficient proof to instigate this change.

If you divorce or dissolve a civil partnership an extract decree of divorce or dissolution is sufficient documentation for you to use your previous surname.

Although you can change your name informally, some agencies, such as the DVLA, Passport Authority, or banks and schools, may ask for proof to show the connection between the new and the original name.

How to get a birth certificate which shows a new name
Application forms are available from any local Registrar of Births, Deaths and Marriages in Scotland or the General Register Office.

• Form 24 is used for anyone 16 years or over
• Form 23 is used for anyone under 16 years
• Form 21 is used for infants under 12 months old

Where two parents have parental rights both must sign the form. If only one parent has parental rights then that parent alone can sign but an additional form PRF must be completed.

The completed form(s) (currently 40 plus 15 for a new certificate) goes to the Change of Name Unit, New Register House Edinburgh EH1 3YT.

Statutory Declarations
This is another way of providing proof of a change of name and is a signed document declaring that from a stated date, an individual has been using the new name. It must be prepared by a Notary Public or a local Registrar.

A parent can sign such a declaration on behalf of a child under 16 years.

Changing your name by deed poll is relevant in English law only.

If you have any questions on how to legally change your name in Scotland, or would like legal advice in relation to a marital breakdown, get in touch with our family team.