Introduction
This practice guidance details the legal context, value base and practice considerations regarding name changes for children placed for adoption through One Adoption West Yorkshire (OAWY).
This practice guidance is for social workers, Local Authority children’s social workers, independent reviewing officers, adoption panel members, legal services and anyone involved in adoption.
Legal context and value base
Currently, there is a lack of research on the impact of a change of name on an adoptee and we look forward to the results of a study which commenced in 2023 via Nottingham Trent University.
A child’s recognition of their name is dependent upon their age and stage of development, but generally is fully developed by the age of 9 months although it could be as early as 4 months. It is also intrinsically linked to their roots and sense of identity. It will have significance for them as they grow older and for them as adopted adults. It can be argued that maintaining the child’s name acknowledges an acceptance and positive recognition and respect for the child’s past history and provides the child with continuity.
In the Court of Appeal in Re D, L and LA (change of forename pre-adoption order) 2003, Butler-Sloss stated:
“To change a child’s name is to take a significant step in a child’s life. Forename or surname, it seems to me, the principles are the same, in general. A child has roots. A child has names given to him or her by parents. The child has a right to those names and retains that right, as indeed the parents have rights to retention of the name of the child which they chose. These rights should not be set to one side, other than for good reasons”.
Butler–Sloss considered adopters’ rights to change the name of a child placed in their care for the purpose of adoption. The judgement firmly concluded that adopters should not change the child’s name prior to the granting of the adoption order.
In the Court of appeal, Re C (children) 2016, Lady Justice King stated:
“If a baby cannot be brought up by his or her parents, often the forename given to him or her by their mother is the only lasting gift they have from her. It may be the first, and only, act of parental responsibility by his or her mother. It is likely, therefore, to be of infinite value to that child as part of his or her identity. That remains the case, even if the name used in his or her new family and thereafter throughout their lives, is different from that given to him or her by their birth mother”.
OAWY supports this position from both a legal and best practice perspective.
Prior to adoption order
In no circumstances should the child’s surname(s) be changed prior to the granting of the adoption order. The child’s surname(s) will usually be changed to that of the adopters’ surname(s) when this name is entered into the adoption certificate.
Only in wholly exceptional circumstances will a change of the child’s first name(s) be considered before the adoption order. In these circumstances the decision to change the child’s name should not be made unilaterally by the prospective adopters and should only occur with the agreement of the Children’s Service Manager, or that of the court or with the birth parents’ consent, as appropriate.
As pointed out in the judgement of Lady Justice King in the Court of appeal, Re C (children) 2016, the Local Authority shares parental responsibility with birth parents before an adoption order and can limit PR (including the right to name the child) but only “if it is necessary to do so in order to safeguard or promote a child’s welfare”. (Children Act 1989.)
OAWY are mindful of the Child Safeguarding Practice Review into the death of Leiland-James Corkill, a one-year-old boy who died in Barrow-in-Furness in January 2021:
Leiland-James Michael Corkill : Cumbria County Council
In particular, the following:
“There was a degree of anxiety shared by the adopters at the time of matching about the name given to Leiland-James when he was born, which was distinctive and spelt unusually. The prospective adopters asked if they could just use James instead. This was not agreed, as it is good practice to ensure a child retains their birth name to assist them in the transition as it is the name they are accustomed to, and later when there is a need to understand their identity.…. The social worker for Leiland-James and the adopter’s social worker later found out that he was being referred to by James by the older child and other family members... It shows that the adopters did not entirely understand Leiland-James’s (or any adopted child’s) needs.”
Post adoption order
OAWY does not generally support the change of a child’s first and middle names post adoption.
There may be a few exceptional cases where a change of name is under consideration. In such circumstances, a thorough discussion should take place immediately and, if the name appears to present a significant risk to the child’s adoptive home being identified and there is a threat to the child or their adoptive family, a risk assessment identifying the nature of the threat and any protective factors should be recorded.
This should include factors such as any evidence to suggest that birth family will seek out the child, any evidence to suggest that there is a threat of disruption or aggression such as previous threats and actions to locate the child, and any actions that the adoptive family can take to safeguard the child’s confidentiality without changing the child’s forename. There should be clear evidence of intent and access to resources given often birth families will say such things as an expression of their pain, but the reality may be that they would not be in a position to carry such actions out.
Other circumstances that may provide exception where a name change could be considered:
- in the case of an older child at the child’s request
- where the adoption household has another child with the same name and there are no other families that could meet the needs when all other matching requirements are considered.
Where a name change has taken place, the child should always be told at a young age, so they can grow up knowing their name has been changed and knowing their original name.
Depending on the child’s age their views and wishes should always be considered.
Practice Considerations
Retaining a child’s original given name is about more than their name. It is about accepting a child for who they are and where they came from; to retain a name indicates respect and ongoing acceptance and willingness to learn the history and heritage of the adoptee; accepting the whole of them and their familial background. To retain a first name is a positive medium to long term indicator that an adoptive parent/s will be able to talk about adoption, birth history and retain good connections to the first family.
Quote from an adopted person:
“When you adopt a child, you are adopting a person with roots, history and a story. You don't get to rebrand them more to your liking. I feel this gives adoptive parents more of the ’biological baby experience’ and is another example of how adoption is often not child centred, but adoptive parent centred.”
There is sometimes a view that for cultural and religious reasons a name change would serve to integrate the child within the family and wider community. OAWY do not agree with this perspective. Where a child of shared heritage will grow up within a family and / or community that reflects one portion of that, and not the other/s, OAWY believe there is an even stronger argument to retain a name connected to the parts of identity no longer surrounding the child.
The following quote from an adoptee illustrates this point:
“If you have to change an Asian or African name for the comfort of a white community, you’re not ready for a transracial child and all its complexity, not ready to advocate for them and celebrate their otherness instead of trying to disguise it. Don’t gift a child a sense of shame in their culture instead nurture confidence and security in who they are and the skills to advocate for themselves.”
The adoption preparation groups attended by all prospective adopters should address the legal issues and OAWY practice guidance on maintaining the child’s name(s). The reasons for, and the importance of retaining the child’s name(s), should also be explored with prospective adopters in their assessment. family network meetings, referee visits and connected by adoption training are opportunities to engage the wider support network and explain our practice guidance. Sometimes those surrounding prospective adopters can sow a seed of doubt or build upon one. For example, though suggesting a child’s name is not in keeping with family tradition.
The family finding social worker and local authority social worker for the child will carry out a check list in respect of importance / risk of retaining first name at the initial family finding meeting to ensure early consensus on the matter is agreed, for example, only families who agree with retaining the child’s forename will be considered, or if the risk is deemed so dangerous a change can be considered. This should be discussed with prospective adopters at the linking visit stage, and it should be recorded that they understand the legal requirements.
Prior to booking Adoption Panel for the match to be heard, any suggestion of changing the child’s name should be discussed with the social worker for the child at the earliest opportunity. The reasons and motivation for seeking to change the child’s name should be fully explored, explained in writing by the social worker for the child and presented to the Children’s Service Manager for agreement in principle. This should be recorded as a key decision on the child’s electronic social care record. Where agreement in principle is given legal advice should be sought regarding the issue of parental or legal consent, if necessary.
The issue of the child’s name should be specifically addressed at the Adoption Panel considering recommendation of placement for adoption. Where there is agreement in principle for the child’s name to be changed, the Adoption Panel can take this into account when making its recommendation.
Before the adoption order the child must be registered with agencies such as the GP and school in their birth name.
What people affected by adoption say:
From parents who have lost children to adoption
“My daughter’s name had a very special meaning to us as a family. She knew her name and it must have been confusing for her being called a different one and having to adjust to a massive change.
“The idea of her name changing is devastating. It was one of the most important gifts I gave her. Her middle name represents a family member just like her siblings. I feel like the adopters have my girl now and have cut all ties to me which breaks my heart”.
As an adoptee herself, having her name changed from Gráinne (Graw- nya) to Julie at 3 years old made her question why her adoptive parents would take this part of her Irish identity away. Julie therefore gave her own daughter the middle name Gráinne. This has an incredibly important meaning to Julie and will allow her child to keep a part of her mother’s identity with her after she also is adopted.
From Adoptees
“I started using both names together… because for me it was about bringing the two parts of my identity together, not replacing one with the other.”
“What happened to that baby who was called Maria for the first 8 months of her life? Then became another entity. As an adult I've managed to integrate both names. My first family call me by my birth name and adoptive family by my current name.”
“Mine was changed and when I got my file and found out my original name, I was furious and upset, we are not talking puppies or kittens here! I still wish my name had been retained as it made for weird 1st meetings with my birth mother who kept calling me Poppy and it created a disconnect again on reunion!”