Forums » UK Transgender Law

Back To Topics

Documents and other related information.

  • Cristine Jennifer Shye. BL
    • Moderator
    • 2358 posts
    May 7, 2010 8:08 PM BST

    About Deed Polls
    What is a Deed Poll?

    A Deed Poll is a legal document - not a certificate. It is a form of legal contract but it differs from legal contracts between two or more parties in that it only concerns one person (and it is only signed by that person in the presence of a witness). A Deed Poll legally binds the person who signs it to a particular course of action as detailed on the Deed Poll document.

    Although Deed Poll documents are used for various purposes relating to an individual or a company legally committing themselves to doing something, they have one generally accepted meaning, that is, a change of name. However, the correct legal name for a deed that has been drawn up to change someone's name is a Deed of Change of Name (but more commonly known as a Deed Poll).

    A Deed Poll for a change of name contains three declarations and by executing the Deed Poll (signing, dating and having your signing witnessed) you are legally committing yourself to:

    Abandoning the use of your former name;
    Using your new name only at all times;
    Requiring all persons to address you by your new name only and most important to use/address you by any revised gender marker.
    .




    This post was edited by Cristine Jennifer Shye. BL at June 7, 2015 1:39 PM BST
  • Cristine Jennifer Shye. BL
    • Moderator
    • 2358 posts
    May 7, 2010 8:16 PM BST
    Can a birth certificate be changed?

    This article will enable you to determine if you can change the name on your birth certificate (through re-registration of your birth) thus avoiding the need to change your name by Deed Poll.

    Sections in this article
    Click on a link to go directly to the section
    1. Introduction
    2. For births and adoptions registered in England or Wales
    3. For births and adoptions registered in Scotland
    4. For births and adoptions registered in Northern Ireland

    1. Introduction
    There are very few circumstances where a birth certificate can be changed. This is because a birth certificate is an historical record, which was correct when the birth was registered. In most situations, if you want to be legally known by a name that is different to your birth name, all you can do is apply for a Deed Poll to change your legal name. When you receive your Deed Poll document, you will use it to get all your official documents and records changed to your new name. In the future, if you are asked to prove your identity (say for example you apply for a passport or bank account) you simply produce your birth certificate and your Deed Poll document. The new name shown on your Deed Poll overrides the name on your birth certificate.

    There are a few circumstances that enable you to get your, or your child's, name entry in the birth register amended. Consequently, a new birth certificate can be issued showing the new or amended name details. If you are able to get a new birth certificate issued, a Deed Poll is not required as the new birth certificate will be accepted by everyone as documentary evidence of the change of name thus enabling all documents and records to be changed to the new name. The rules differ throughout the United Kingdom as the following sections explain.

    2. For births and adoptions registered in England or Wales:
    The name on a birth certificate issued in England or Wales can be changed in the following circumstances:

    Changing a child's forename(s):
    If you only wish to change the forename(s) of your child, it is possible to have your child's new forenames added to the birth register provided the new forenames were given either in baptism within 12 months of the birth being registered or by regular use within 12 months of the birth being registered. The new forenames may be added to the birth record after 12 months, but you will need to provide documentary evidence that the new forenames were in use within 12 months of registration. Upon re-registration, a new birth certificate can be purchased that shows the new forenames.


    Changing a child's surname from the mother's surname to the father's surname (parents not married):
    If the natural parents of the child were not married to each other at the time of the birth and the father did not attend with the mother to register the child, it is possible to re-register the birth at any time in the future to include the father's details and change the surname of the child to that of the father (only if both parents agree, otherwise a court order is required). Upon re-registration, a new birth certificate can be purchased.


    Changing a child's surname from the mother's surname to the father's surname (parents married since birth):
    If the natural parents have married each other since the birth was registered, the birth can be re-registered to show the child as a child of the parents' marriage. Upon re-registration, the child and mother's surname can be changed to that of the father and a new birth certificate can be purchased.


    If you have changed your gender and obtained a Gender Recognition Certificate
    If you are at least 18 years of age and have gender dysphoria and have been living in your acquired gender for at least two years, you can apply to the Gender Recognition Panel for a Gender Recognition Certificate, which will enable you to obtain a new birth certificate showing your new gender and name. *The new birth certificate can be used as documentary evidence of your change of name thus avoiding the need for a Deed Poll.
    For further information e-mail the General Registrar Office for England and Wales, or call them on 0151 471 4806. Alternatively, telephone or visit your local register office.

    * generally people embarking on RLE want/need to change their name prior to getting their Gender Recognition certificate. to aid their being accepted, ie. bank cards, driving licence. etc. and to comply with the requirements and conditions laid down by the Gender Recognition Panel for RLE

  • Cristine Jennifer Shye. BL
    • Moderator
    • 2358 posts
    May 7, 2010 8:23 PM BST
    The official Lawful requirement for Gender recognition
    The UK Gender Recognition Act came into force on 4 April 2005. The Act enables transsexual people, who have applied for and obtained a Gender Recognition Certificate from the Gender Recognition Panel, to have their acquired gender recognised in law.

    The Process
    The Gender Recognition Panel will notify the Registrar General of the issue of a Gender Recognition Certificate. The Registrar General will then send to the holder of this certificate a copy of the draft entry (in the form of a draft birth certificate) which is to be made in the Gender Recognition Register as well as an application form to apply for a new birth certificate.

    On confirmation that the draft contains the correct information, a new record showing the certificate holder’s new name and gender will be created and where the record of the birth or adoption of a transsexual person is held by the Register General, a replacement birth certificate (both full and short) will be available showing the new name and acquired gender. A short birth certificate may be issued free of charge.

    In the case of an adopted person, a new extract from the Adopted Children Register will be issued if appropriate.

    A confidential link will be made by the Registrar General between the original details and the new record on the Gender Recognition Register. However, current contact details (such as the certificate holder's postal address) would not be recorded in the register. Please note that the register is not open to public inspection or search.

    More information
    Details of how and when you may apply and the relevant application forms are on the Gender Recognition Panel website.

    Alternatively, you may wish to write directly to the Gender Recognition Panel at:

    Gender Recognition Panel
    PO Box 6987
    Leicester
    LE1 6ZX

    http://www.grp.gov.uk/

  • Lucy Diamond
    • 1652 posts
    May 7, 2010 10:47 PM BST
    I’d just like to point out that the “UK Deed Poll Service” is in no way any sort of official body, and certainly not the only place you can get a Deed Poll.
    There are several websites that can supply the wording for a Deed Poll, and of course they all charge for it, but there is no actual fee for creating a Deed Poll; as Cris has pointed out, it’s basically a contract between you and… yourself!
    Many, if not all of these sites are a bit misleading about this. They say things like your Deed Poll comes with their authenticated stamp… which is meaningless. There is no such thing as authentication for a Deed Poll; no stamp or seal is needed, no money needs to change hands, it doesn’t need to be registered anywhere, no solicitor needs to see it for it to be legally recognised.
    I’ve seen charges range from £5 to £45 on these websites, shocking really, when it’s something you can do yourself for free, as long as you know the correct wording…
    So in my next post, as a service to the trans community, I would like to supply the correct wording for a UK Deed Poll. The wording can vary slightly, but as long as it covers all the points as covered in Cris’s first post, it will be a legal document. The wording I’ll give you will be exactly the same as on mine, which has actually been seen by a solicitor (not because it needed to be) and confirmed as legally correct.
    You'll need to take out the dots, enter the appropriate wording as per the instructions in square brackets, and sign in black ink.
    If you copy and paste it into Word, just make sure it looks like it's formatted correctly; line breaks between each paragraph for example. Print out several copies, sign and date them and have all of them witnessed at the same time. Most banks etc, will need to see the orginal, not a photocopy, so treat originals with respect. The witness can be anyone, but NOT a member of your family.
    Happy name-changing!
    xx
  • Lucy Diamond
    • 1652 posts
    May 7, 2010 10:48 PM BST
    By this Deed I, ……[new name]…….. (formerly known as ……[old name].……. of ..….[address].…...) DO SOLEMNLY AND SINCERELY DECLARE as follows.


    1. I was formerly called ……[old name].……. and am a citizen of the United Kingdom and colonies by birth.


    2. I absolutely and entirely renounce relinquish and abandon the use of my former name of ……[old name].…… and assume adopt and determine to take and use the names of ……[new name]…….. in substitution of my former name.


    3. I shall at all times hereof in all records deeds documents and other writings and in all actions and proceedings as well as in all dealings and transactions and on all occasions whatsoever use and subscribe the said name of ……[new name]…….. in substitution for my former names of ……[old name].…… so relinquished as aforesaid to the intent that I may hereafter be called or known or distinguished not by my former names of ……[old name].…… but by the name of ……[new name]…….. only.


    4. I authorise and require all persons at all times to designate describe and address me by the adopted name of ……[new name]……..


    5. In witness whereof I have here unto subscribed my former and adopted names of ……[old name].…… and ……[new name]……..and affixed my signature, this ……[Nth]…… day of ……[month]…….. .…[year]….


    Signed by the above named as a Deed and delivered

    …………[sign new name}…………………………………

    formerly ………[sign old name]………………………….

    in the presence of

    …………[print witness name]…………………………………..

    ……………[sign witness name]………………………………..

    of……………[witness’ address]…………………………………….
  • Former Member
    • 1912 posts
    May 7, 2010 11:24 PM BST
    So what you are saying is you can do a Deed Poll and change your name, move to another town so they only know you by the new name, and then bill collectors could never find you? Is this a good faith system?
    Hugs,
    Marsha
  • Cristine Jennifer Shye. BL
    • Moderator
    • 2358 posts
    May 7, 2010 11:35 PM BST
    Marsha,

    Not quite, I'm sure on some documents, it bears an also known as, If you have a criminal conviction, served on a jury, and with credit reference agencies that seem to be able to glean information about anyone.

    Yopu cannot exactly get away with murdering somone on a Monday and change your name on aTuesday and avoid capture, if you change your name to deliberately defraud somone then that is a crime in itself
  • Lucy Diamond
    • 1652 posts
    May 7, 2010 11:40 PM BST
    It's not a "good faith system", it's UK law, and in reality it's not that easy to evade debt collection agencies. All names that you've ever used are shown on your credit history, debt collectors would have access to this. To set up a bank account, obtain a credit card etc you need ID. You can't go out and get a passport or a driving license in a new name without proof of the old one. You can't have much of a life without bank accounts, credit cards or genuine ID. If you wanted to evade debts or the law, you wouldn't legally change your name would you? You'd just move somewhere else and start using an assumed name. Something which never happens in The States I'm sure... xx
    This post was edited by Lucy Diamond at April 11, 2012 2:18 AM BST
  • Cristine Jennifer Shye. BL
    • Moderator
    • 2358 posts
    May 7, 2010 11:48 PM BST
    If you do not volountarily declare your new name & address to creditors, its covered by section one of the theft act obtaining goods or a service by deception, And as I said, credit agencies have access to all the paper trails you leave behind as obviously do the police. As Lucy said you cannot get anything in this country basically without proof of identity. social security, another paper trail, even a phone line, residental parking, Everything can be traced back from car registration log book, car insurance, Council tax. and all the things Lucy mentioned
  • Anna-Marie Trindall
    • 2068 posts
    May 7, 2010 11:49 PM BST

    Cris, The deed poll version that lucy posted is spot-on. I know this as its the version i used myself when i changed my Name. I thought i'd have problems using it, but i had not one!



    Lol xxxxxxxxxxxxxxxxxxx
    Anna-Marie
  • Cristine Jennifer Shye. BL
    • Moderator
    • 2358 posts
    May 7, 2010 11:58 PM BST
    Anna, yes, seems a great idea, Whish I had of known everything years ago that I know now. My solicitor did'nt exactly tell me about the freebies, but there again it was recommended I did mine through a solicitor for a legal record. because of a trust fund and land titles to properties that were on long leases with peppercorn rents, a few other things.
  • Lucy Diamond
    • 1652 posts
    May 8, 2010 1:07 AM BST
    I must admit, changing the name on the Deeds to my house is something I have overlooked! Having done a few searches, it seems as straightforward as everything else; I just have to write to the Land Registry enclosing my Deed Poll and they will change the name on my record. (I don’t actually think I will have any problems if I don’t bother though).
    A Deed Poll needn’t cost money and doesn’t require a solicitor to prepare or approve one, but of course if you go to a solicitor asking for one they will undoubtedly charge you for it (they tend not to say things like, “Oh you can do that yourself for free”). You just have to remember to write to everywhere that has a record of your name: shopping catalogues, Ebay, Paypal, DVLA, banks, credit cards, National Insurance, GP, council tax, TV licensing, phone, electric, water…
    It seems to go on forever, and however you do your Deed Poll, it’s you that has to write to all these people. 5 years on and apparently I still haven’t done them all! Most of them will want to see the original document, it takes time and your Deed Poll ends up looking a bit tatty!
  • Former Member
    • 1912 posts
    May 8, 2010 2:49 AM BST
    It is interesting about your solicitors because they sound like they would make fine American attorneys here. All my friends used attorneys for their name changes because they thought that would be best. One of their attorneys filed something on the wrong date which caused the whole thing to be tossed out and redone. I lucked out that I have this terrific retired attorney and he told me he knew another attorney who handled stuff like name changes, so he called her right on the spot and asked if she thought I would need an attorney. Being attorney to attorney, the answer was no I did not need one. Of course if I was the one to ask, I'm sure I would have been told indeed it would be best to have one.

    Once I had my court ordered name change it has been easy overall to change all my documentation including my birth certificate. Every now and then I find something I haven't changed and like Lucy, I need to change it for my house.

    Hugs,
    Marsha
  • Penny Zenny
    • 871 posts
    May 8, 2010 2:54 AM BST
    My story is pretty much when i was ready, I filled in my deed poll which was as per lucy's document. I sent it off to DVLA with a new photo of me and 2 weeks later I had my female driving license with new name and picture. I then changed all of my bank accounts to suit. I was a new woman! It was then illegal for me to use my old name. If anything came up that I had to deal with, that was in my old name, the deed poll being a legal document, supported my validity. The best thing, I thought at the time, was if i realised I had made a mistake and wanted to return to my previous identity it was as simple as performing the whole process again.
    The only cost to me was the £8.50 to update my driving license photo, the name change on its own I could of achived with no cost at all. The deed poll and bank account name changes had no cost. I can change my identity as many times as I wish as often as i wish. Every identity change is tracable back to your birth certificate. So, if you change your name by deed poll only once and with the GRC change your birth certificate theoretically you could lose your original identity altogether. However, there will always be records in some system some where that has your old name in it some how.

    I understand that it is not illegal to have many bank accounts all with different names. However, driving license, passport identity and polling registration is. I believe the law works on the principle that your identity that represents who you are can be changed as often as need be but you cant change who you are!

    sorry if i woffled a load of rubbish, i got back from a party really quite drunk so, i be more than happy to apologise in the morning hugs x lol

    Love
    Penny
    x


  • Former Member
    May 8, 2010 3:09 AM BST
    http://www.deedpoll.com/n[...]and.htm
    Seems to be a comprehensive guide for Scotland/UK.
    It contains a lot of useful information.
    Of course don't actually use their "generous" help in changing your name.
    Use Lucy's previously explained layout.
  • Lucy Diamond
    • 1652 posts
    May 8, 2010 2:05 PM BST
    It looks like the procedure in Scotland is the same, but don’t quote me on that – I’m English!
    I’m sure it’s been made clear here how easy it is to do a Deed Poll and how you can do it on your own, but there are a couple of examples in the link that Janis posted of how these websites who sell them subtly mislead you:

    “To change your name you can apply for a Deed Poll document…"
    Well yes, you can apply to them, but actually you don’t need to apply to anyone, as long as you know the wording that will be legally recognised (see Deed Poll above!)

    And:
    “Applying to change your name by Deed Poll directly through us cuts out the need to visit a solicitor.”
    There is NO NEED to visit a solicitor!
    These are not technically false statements, but they’re not entirely the truth either!
    xx
  • Rae K
    • 734 posts
    May 9, 2010 3:00 AM BST
    The route I intend to go down is the Statutory Declaration. If you're on a low income it is infinately cheaper than paying out for a Deed Poll and does the job just as well. A Stat Dec is simply a method of swearing under oath that something is true. It can be done by any solicitor who also acts as a commisioner of oaths and shouldn't cost more than £5 or £10. In my case, as I'm currently somewhat incapacitated, I can get it done at my local Magistrates Court with an exemption to the fees.
    Whilst I was already familiar with a Stat Dec I hadn't thought of using it for a name change until the GIC suggested it as a cost effective way. I've since spoken to just about everyone that I would have to notify and asked if they would accept a Stat Dec and the answer was 100% yes. The surprising exception was my GPs surgery who, after a brief consultation in the corner, concluded that all I had to do was tell them I wanted to change my name. Nothing official needed...
    Why pay more?
    Best wishes
    Rae
  • Cristine Jennifer Shye. BL
    • Moderator
    • 2358 posts
    May 9, 2010 12:06 PM BST
    Rae, Hugs.

    In the meantime, to expedite matters, if you read and are comfortable with it, you could take Lucy's advice and do you own deed Poll, she has given an excellent example of the wording etc and as several others have commented it works and is free.

    A Stat Dec is required for the application of a Gender Reasignment certificate tho and is normally applied for nearer the end of RLE. Where you will be required to state that you have completed the qualifying period of RLE and complied with all the requirements of the ACT.

    In conclusion a deed poll name change, reduces the wait for getting all your other documents in order.

    Cristine
  • Lucy Diamond
    • 1652 posts
    May 9, 2010 5:00 PM BST
    Rae, I’m scratching my head in wonderment; haven’t you read my and other posts in this thread?
    A DEED POLL COSTS NOTHING!!!
    How can a Stat Dec be “infinitely cheaper”?
    The form you need is shown above, you do not need to pay a solicitor anything, you don’t need to even visit a solicitor. I’ve been living in my “new” name for 5 years and have had no problems using this Deed Poll to inform everybody of my change of name. I got a new passport using this Deed Poll, and a new driving license and everything else. My bank accepted it, of course, why wouldn’t they, and everyone else accepted it. It’s a legal document and they can’t not accept it!
    My solicitor has seen it and confirmed that it is fine; it is a regular, bog-standard Deed Poll, legally recognised in the UK.
    Can you please explain why you think a Stat Dec, that will cost money to have authorised, might be “cheaper” than a Deed Poll that costs nothing?!
    As Cris said, if or when you apply for a GRC you will need a Stat Dec, but the wording required for the GRC is very specific, and more than just a statement of change of name. If you do a Stat Dec now just to change your name, you will have to do another to meet the requirements of the GRC when the time comes. ie you will have to pay out twice.
    Infinitely cheaper? Bonkers.
    I really thought I’d made myself clear in this thread, several of the girls have backed me up, Anna Marie used the form above which I sent to her and has also had no problems.
    A Deed Poll is free.
    Am I missing something?
    xx
  • Rae K
    • 734 posts
    May 9, 2010 11:18 PM BST
    Lol, keep scratching your head in wonder Lucy
    [and Cristine, of course]

    Yes, I did actually read all the thread before posting - it's a habit of mine.
    Yes, I did actually completely and utterly miss that little four letter word 'free' thereby completely misreading the general thrust - it's clearly another habit of mine!

    Totally converted to the infinately cheaper Lucy DP

    Unfortunately it's too late to amend my original post. Just as well I don't mind looking stoopid ...

    Much love
    Rae xx
  • Cristine Jennifer Shye. BL
    • Moderator
    • 2358 posts
    May 9, 2010 11:56 PM BST
    Rae

    Of course you can make a combined stat dec, to court, making several declarations, ie to change your name and in accordance with the wording required for the GRC, which is what you were probably thinking of, but it would be in two parts, wether that would be double the court fees I don't know. Most people want their names and details sorted well before they apply for a GRC tho, its all comes down to getting order in your life and presenting the real you during RLE.

    Cristine
  • Lucy Diamond
    • 1652 posts
    May 10, 2010 1:08 AM BST
    I’m sorry if I was a little harsh on you Rae!
    I just want, as I think Cristine does, to provide some clarity in what some see as a minefield of legality.
    With the right help and advice, it isn’t really all that difficult, and every pound you can save is a pound towards a new pair of shoes, a night out with the girls, or your next electrolysis session.
    A Deed Poll is the most recognised evidence of name change, that’s not to say that a Stat Dec won’t be accepted, but it may be less familiar to some of the institutions you will have to contact. Changing your name is the first thing you need to do to show that you are living full time and thus start the snowball rolling, so you might as well do it the quickest and easiest way - by Deed Poll, and save yourself a trip to the solicitor or magistrate.
    The Gender Recognition Panel, unfortunately, require a Stat Dec before they will issue a GRC, but this is not actually a name change document. If you look at the GRP website, they provide a template for a Stat Dec that you can use when you are ready to apply for your GRC, but to anyone who hasn’t yet changed their name this will be at least 2 years down the line. So this Stat Dec is not something you can do at the start of your “official” transition.
    Here’s the link for the application form for a GRC, the Stat Dec is on the last page:
    http://www.grp.gov.uk/doc[...]GRC.pdf
    Once again, the witness on a Deed Poll can be anyone you know, but not a member of your family. On a Stat Dec it has to be someone who is likely to charge you a fee.
    xx
  • Cristine Jennifer Shye. BL
    • Moderator
    • 2358 posts
    May 10, 2010 12:31 PM BST
    Changing a name by Deed Poll

    A Deed of Change of Name is a legal document which enables a single person or a family to officially change his, her or their name and is bound to that contract. It is a type of Deed Poll and in informal usage is it usually referred to simply as a Deed Poll.

    A Deed Poll is a legal document binding only to a single person or several persons acting jointly to express an active intention. It has been said that a Deed Poll is a form of contract; however, the law of contract provides that, in order to enter into a contract, there must be two persons whereby one person will do something in exchange for the other persons promise.

    It can therefore be said that a Deed Poll is strictly speaking not a contract because it generally binds only one party and expresses an intention (i.e. an intention to change a name) instead of a promise (i.e. a promise to change a name in exchange for something else).

    The term "deed", also known in this context as a "specialty", is common to signed written agreements not supported by consideration: the seal (even if not a literal wax seal but only a notional one referred to by the execution formula, "signed, sealed and delivered", or even merely "executed as a deed") is deemed to be the consideration necessary to support the contract between the parties to the deed.

    "Poll" is an archaic legal term referring to documents with straight edges; these distinguished a deed binding only one person from one affecting more than a single person (an "indenture", so named during the time when such agreements would be written out repeatedly on a single sheet, then irregularly torn or "indented" so that each party had a document with corresponding tears, so as to discourage forgery).



    Unlike the law today, it used to be that a Christian name (i.e. the name given at baptism) could only be changed under ecclesiastical law by the bishop on that person's subsequent confirmation. However, the case of Re Parrott, Cox v Parrott [1946] Ch 183, [1946] 1 All ER 321 provides that a Christian name can be changed if the following words are inserted therein 'Notwithstanding the decision of Mr Justice Vaisey in the case of Re Parrott's Will Trust, Cox v Parrott, the applicant desires the enrolment to proceed."

  • Cristine Jennifer Shye. BL
    • Moderator
    • 2358 posts
    May 10, 2010 1:16 PM BST



    A brief explanation of Deed Poll law.

    As a general rule, by executing a deed in accordance with all the requirements of such execution, the party whose act and deed it is becomes conclusively bound by what he is stated in the deed to be effecting, undertaking or permitting.

    Hence, changing one's name by Deed Poll is, henceforth, conclusive proof for all official purposes that the name change stated in the deed is actually that person's name. As such, it will be accepted by all UK Government departments like the Home Office Identity and Passport Service and the DVLA for inclusion in any official document addressed to or in connection with that person and will take effect accordingly.

    Once someone has properly executed such a deed, he is, as a rule, estopped from averring and proving by extrinsic evidence that the contents of the deed did not in truth express his intentions or did not correctly express them, or that there are reasons why he should not be obliged to give effect to the deed.

    Consequently, if that person subsequently changes his mind and wishes to revert to his original name or change it to something else, he must execute another Deed Poll to give effect to his intentions. (as per Lucy's post)

    The Adult Deed Poll will enable those persons aged 16 or over to change their legal name by Deed Poll.
    people who have had or who are having gender reassignment may choose to change their gender title from Ms to Mr or vice versa. [in accordance with the UK gender Recognition Act 2004/05 as revised 2008}


    Do I need to register the Deed?

    In England and Wales, such a Deed may be registered in the Central Office of the High Court. Deeds so registered are advertised in the London Gazette. Registration of Deeds is regulated by the Enrolment of Deeds (Change of Name) Regulations 1994, Statutory Instrument 1994 No. 604.

    If you wish to enrol a Deed, the Royal Courts of Justice will charge you as follows:

    Court Enrolment Fee £10.00
    Advertisement Charge £52.88
    Copy of London Gazette £1.55
    The registration of a Deed of Change of Name (Deed Poll) is not strictly required in the United Kingdom. A person wishing to change their name simply provides the Deed Poll to organizations such as the Passport Office etc. You DO NOT need to register a Deed anywhere.

  • Lucy Diamond
    • 1652 posts
    May 10, 2010 1:33 PM BST
    Thanks Cris, that was interesting.
    It’s important to note that the “seal” in the Deed Poll I posted above is the line:
    “Signed by the above named as a Deed and delivered”
    You don’t need any company or solicitor to stamp it or seal it with wax or anything like that!
    Companies who say that their Deed Polls come with their “official seal” are really misleading you, because their “official seal” is meaningless, just for show, and has no legal significance whatsoever.
    With regard to the last paragraph in Cris’s last post, I’m certain that those words relating to a specific case in law are not needed in the wording of a Deed Poll today. No-one would ever challenge the validity of a Deed Poll because of this case, but there is no need to reference it in the actual document.
    xx
  • Cristine Jennifer Shye. BL
    • Moderator
    • 2358 posts
    May 10, 2010 2:44 PM BST
    Lucy,

    I was just a point of interest, illustrating the previous control that the churches had over various aspects of life in general if you were baptised, as far as I can make out if you/anyone born before 1962 should still have to comply, but like so many antiquated laws has been brushed aside by the powers that be to expedite things. bit like London taxis should still carry a bale of hay and ask prospective passengers if they are suffering the pox. Noone has got round to scrubbing out the real trivia on the statute books
  • Cristine Jennifer Shye. BL
    • Moderator
    • 2358 posts
    May 11, 2010 10:34 AM BST
    Well I threatened to come up with some interesting facts.

    Legislation and Legal Judgements Impacting Trans People
    Sexual Offences Act 1967

    This Act decriminalised homosexuality – though actually resulted in an increase in convictions for homosexuality. This was because it allowed sex between consenting adult men over the age of 21 only provided nobody else was in the same building – therefore two men taking a room in a hotel. living in shared accomodation, flat share or tower blocks were often reported, and subsequently raided and arrested. Since transsexual women were treated as male until after surgery – even if they were living and presenting as female -- many were arrested under this law, as homosexual men.

    Corbett v Corbett 1970

    In 1970, April Ashley’s divorce made matters worse. Until then, post-surgery trans women had been able to change their birth certificates unofficially, to reflect their acquired gender. However, in the court case annulling her marriage to Arthur Corbett (Corbett v Corbett ), Justice Ormrod determined that trans people could not ever change sex, and therefore even after full gender reassignment, trans people remained legally in their birth gender. This made them unable to marry, and inhumanely treated in all legal matters, including imprisonment.

    Goodwin v. UK and I v UK (2002)
    The European Court of Human Rights held that the UK government’s failure to alter the birth certificates of transsexual people or to allow them to marry in their new gender role was a breach of the European Convention on Human Rights. This led directly to new legislation to once again clarify and restrict the extent of the judgement.
  • Cristine Jennifer Shye. BL
    • Moderator
    • 2358 posts
    October 14, 2010 12:27 AM BST
    Changing records
    The change of name and gender on all records is a central part of the
    gender reassignment process. This will include for example council tax,
    benefits, voter registration or housing records.
    Research for the Equalities Review found that many trans people
    experienced difficulties when requesting changes of details on records.
    Many authorities have no set procedure for making changes and/or
    staff lack the appropriate knowledge regarding what changes can
    lawfully be made.
    34
    Good practice is for public authorities to change name, title and gender
    on first request from a service user who simply provides a formal change
    of name document such as a deed poll or a statutory declaration.
    Trans service users do not have to present any evidence of any
    medical treatment nor a Gender Recognition Certificate to request
    for this to be done.
  • Doanna Highland
    • 434 posts
    October 14, 2010 6:42 AM BST
    Cristine,
    We have a similar method of hanging our names - it's purpose and conditions are the same as well.
    I am certain that changing ones name via a "Deed Pole" involves certain safeguards against fraud etc. ...just as in the USA and Canada, you can not get out of your debts by just changing your name. Somewhere there will be a reference to FORMERLY KNOW AS "XYZ" that is still accessible to the public.
    I don't think we can do it entirely through the internet in Canada. It requires some "in-person" involvement.
  • Lucy Diamond
    • 1652 posts
    October 14, 2010 2:10 PM BST
    That’s right Doanna, a Deed Poll does require you to state your former name (if you think about it, it would be a fairly meaningless document without this).
    People commit fraud, I’m sure some people always will, but a Deed Poll is not some easy way to “allow” this. For those of us who wish to change our name all above board, we will have to notify every company or body that we deal with, including our bank and credit card company. This gives the credit reference agencies access to our former identities. The Tax Office, National Insurance, NHS and probably some others will always have former names on record, but of course this is confidential, unless one is being investigated for fraud or something.
    As for doing it “entirely through the internet”, we don’t actually have to use the internet at all, or a solicitor or court or anything. All we need is one witness who should not be a member of our family. Nor is there any official register for change of names; a Deed Poll is basically a contract with yourself that others must acknowledge.
    It’s easy to change your name here, and I’ve never had any problems with anyone accepting my change of gender.
    Committing fraud is another matter, though I’ve never tried it, I’m sure it’s no easier here than it is anywhere else.
    xx
  • Cristine Jennifer Shye. BL
    • Moderator
    • 2358 posts
    October 14, 2010 2:27 PM BST
    Lucy is right some agencies have a policy of an addendum to their records, ''also known as'' As in police/criminal records, some financial institutions and if you have served on a Jury..

    Just come across a very interesting piece on California State Laws. One has to submit applications to court, and advertise their name change application for 4 consecutive weeks in local papers.
  • Donna V
    • 146 posts
    April 11, 2012 12:42 AM BST
    Just thought I would make a post , based on my on going experience Spring 2012 .
    deed Poll- I have changed my name to Donna, via deed Poll ,I did this all on line . This allowed me to get a new medical Card and register as Female with GP , by presenting them with a deed Poll copy.
    - Passport . I was made aware of http://www.direct.gov.uk/en/TravelAndTransport/Passports/Howtochangethenameonyourpassport/DG_174166 . which states that for a UK passport to be changed in addition to deed Poll you are required to send
    --a letter from your doctor stating that they expect your change of gender to be permanent or a gender recognition certificate
    or ---a new birth certificate.
    As I am starting transition For me a grc is not possible , nor new BC . so the only option looks to be letter from GP.. In the past I have read that Transgender people where only able to get a temporary passport though. I am not sure if this is still the case
  • Lucy Diamond
    • 1652 posts
    April 11, 2012 2:35 AM BST
    Hi Donna, My gender clinic at the time (Charing Cross) did this for me as a matter of course, I sent in this letter plus my deed poll and had a new passport within days. I imagine your doctor would oblige with the necessary letter if you are not yet registered with a gender clinic.
    xx
    This post was edited by Lucy Diamond at April 11, 2012 2:44 AM BST
  • Lucy Diamond
    • 1652 posts
    April 11, 2012 2:40 AM BST
    For anyone who wishes to apply for a GRC the link that I posted in 2010 seems to be no longer valid.
    Here's the new link:
    http://www.justice.gov.uk/downloads/forms/tribunals/ts-grp/gender-recognition-applicationf-form-gender-recognition-certificate.pdf
    xx
  • Cristine Jennifer Shye. BL
    • Moderator
    • 2358 posts
    June 3, 2012 4:13 PM BST

                                             Record Keeping   (Medical)


    Medical record-keeping for trans people can be a challenge for clinicians and staff. Names and titles must be changed to reflect current gender status; this should always be done as a matter of courtesy and is not dependent on having a Gender Recognition Certificate. However, most doctors prefer to have evidence of the permanency of the name change, by way of Deed Poll or Statutory Declaration before making official changes to the patient notes. Treatment must not be withheld on the basis that a patient has not provided either of these documents.

    According to the GP notebook site: "Trans patients have a legal right to change their name and gender on their NHS records and would be able to bring a civil claim against any GP or practice which refused to accede to their request".

    "The process is as follows:

    " the patient informs the GP, or directly informs the PCT, that they are transitioning and that in future they would be known by their new name and gender. They can write a "Statutory Declaration", they may have a deed poll document, or they may simply make a request. This request should be in writing, signed by the patient;

    " the GP writes to the Registration Office at the PCT. The GP may write a letter of support confirming the gender role change and that this change is intended to be permanent, but this is not a requirement;

    " the Registration Office then writes to the Personal Demographics' Service National Back Office. The National Back Office will create a new identity with a new NHS number and requests the records held by the patient's GP. These records are then transferred to the new identity and forwarded to the GP;

    " on receipt, the GP surgery changes any remaining patient information including the gender marker, pronouns and names."  



  • Rebecca Armstrong
    • 65 posts
    September 13, 2013 4:21 PM BST

    so i should print it off like that and sign it and have a friend there to sign to say i signed it

    also im ok with the info been visible i can trust all of you with it ... if someone was so determind to find me im sure the few pics i have can easily be sinked on GE to find my street

    ....................................................................................................................


    By this Deed I, [Rebecca Armstrong].. (formerly known as ……[Martin Daniel Bestford].……. of ..….[48 Marine Drive, Hartlepool, Co.Durham, TS24 0DY].…...) DO SOLEMNLY AND SINCERELY DECLARE as follows.


    1. I was formerly called ……[Martin Daniel Bestford].……. and am a citizen of the United Kingdom and colonies by birth.


    2. I absolutely and entirely renounce relinquish and abandon the use of my former name of ……[Martin Daniel Bestford].…… and assume adopt and determine to take and use the names of ……[Rebecca Armstrong]…….. in substitution of my former name.


    3. I shall at all times hereof in all records deeds documents and other writings and in all actions and proceedings as well as in all dealings and transactions and on all occasions whatsoever use and subscribe the said name of ……[Rebecca Armstrong]…….. in substitution for my former names of ……[Martin Daniel Bestford].…… so relinquished as aforesaid to the intent that I may hereafter be called or known or distinguished not by my former names of ……[Martin Daniel Bestford].…… but by the name of ……[Rebecca Armstrong]…….. only.


    4. I authorise and require all persons at all times to designate describe and address me by the adopted name of ……[Rebecca Armstrong]……..


    5. In witness whereof I have here unto subscribed my former and adopted names of ……[Martin Daniel Bestford].…… and ……[Rebecca Armstrong]……..and affixed my signature, this ……[16th]…… day of ……[September]…….. .…[2013]….


    Signed by the above named as a Deed and delivered

             ……………………………………………… Rebecca Armstrong

    formerly ……………………………………………… Martin Daniel Bestford

    in the presence of

    Print::……………………………………………..

    Sign ::……………………………………………..

    of   ::…………………………………………………
     
           …………………………………………………

           …………………………………………………

           …………………………………………………
    ____________________________________

    To thine own self be true.

  • Lucy Diamond
    • 1652 posts
    September 14, 2013 1:39 AM BST
    Rebecca, delete all the brackets and dots, they are just there to show where and what you need to write.
    Then print it, sign it (both old and new signatures), then get your friend to sign and clearly enter their address (i think they don't actually have to witness you signing it).
    As I said in my earlier post (may 7th 2010):
     
    You'll need to take out the dots, enter the appropriate wording as per the instructions in square brackets, and sign in black ink. If you copy and paste it into Word, just make sure it looks like it's formatted correctly; line breaks between each paragraph for example. Print out several copies, sign and date them and have all of them witnessed at the same time. Most banks etc, will need to see the orginal, not a photocopy, so treat originals with respect. The witness can be anyone, but NOT a member of your family. 

    xx
  • Rebecca Armstrong
    • 65 posts
    September 14, 2013 1:41 PM BST

    thx lucy hugs x

  • Rebecca Armstrong
    • 65 posts
    September 15, 2013 3:46 PM BST

    who do i neede to send it to that i normally wouldnt think of

    i know i need to send it to
    DWP
    my bank
    NHS docs etc
    council
    company's i do buisness with

    what about getting a new NI card wth my new name (no.) on it as im unsure how that works

    if anyone has a gd list of must inform the change too ... would be a massive help to me and probs many others


    thx in advance


    This post was edited by Rebecca Armstrong at September 15, 2013 3:46 PM BST
  • Cristine Jennifer Shye. BL
    • Moderator
    • 2358 posts
    September 15, 2013 5:07 PM BST

    Let me think, lol

     

    Apart from those you mention,

     

    DVLA vehiclie licence registration.

    Insurance companies.

    Land Registry.

    NI card will be forwarded automatically once you have done the business with your doctor practice.  who will inform DWP.

    and a new Health card. registration.

    Passports, send an accompanying letter.

    Drivers licence.

    Any private health or private pension plans.

    ID travel cards.  and student cards.

     

    Erm anymore?

  • Former Member
    • 376 posts
    September 15, 2013 5:42 PM BST

    Rebecca you should just tell everyone! I don't mean go shout it around town , just every government department that needs to know and every company you have any dealings with or going to have. Did you solicitor not explain it to you or give you the information relating to Money laundering and fraud ect?.

     

    Go shout it from the roof tops if you wish though it was a proud day in my lifeSmile.

     

    Julia x

  • Rebecca Armstrong
    • 65 posts
    September 15, 2013 7:34 PM BST

    i desided too use the form that is kindly posted on here for me to fill out and have a witness to sign as everyone said no need to see a solicitor to do a deed poll (name change) ... so tell Drs... i will still inform DWP as they seem to be taking months to change details tuck them 2 month before they changed my info to my new address and me and sarah were a couple tuck them to start investigating me for fraud (claiming housing benifits & not anouncing im with a partner) talk about a bunch of retards lucky for me all my documents were signed by a jobcenter advisor of which they keep copies as proof when they sign stuff ... the DWP did end up looking like a bunch of idiots at the end of that day.. sometimes i think they delibratly lose letters so they can make examples ...


    tehe wont go that crazy tho shouting off rooftops seems a little dangerous


    This post was edited by Rebecca Armstrong at September 15, 2013 7:35 PM BST
  • Former Member
    • 376 posts
    September 15, 2013 8:23 PM BST

    Oh go on Rebecca shout it outSmile Take and take out an ad in the local paper tooSmile . Yes there are a lot of idiots that work in government office. Changing my name through a solicitor it ran very smoothly though . For fraud protection your bank may wish to see you face to face with your ducuments most banks do (well mine did)  . Good luck and take care .

    Julia x

  • Rebecca Armstrong
    • 65 posts
    September 15, 2013 8:25 PM BST

    thx and yeah its ok im going down personally to the bank anyhow


    This post was edited by Rebecca Armstrong at September 15, 2013 8:26 PM BST
  • Cristine Jennifer Shye. BL
    • Moderator
    • 2358 posts
    September 15, 2013 8:30 PM BST

    Just remember the law is on your side.   Its an entitlement.   Not a favour or reward, any problems drop me a message.

  • Donna V
    • 146 posts
    January 9, 2014 9:26 PM GMT

    Hi All,

           My times come, to do all the docs. As I just made the announcement at work that I would transition , so my work place understandably have asked me for a Time line. and idea of hw much time I need ,days taken off. etc . To say it bluntly I am like most of the working population in these times of Austerity, over worked , and asked to work long hours ,. Any way .

    - I have to be available to travel in the job, so Passport has to be changed very quickly so , no  4week turnaround , I have to take a fast route and pay for it . 

     

    Banks and Payments -also to get paid , I need get bank details done. This might be tricky because I also have a mortgage, on a small flat  , which I now rent out , and I rent  an even smaller flat [ more like a glorified shoebox] .in my current job location. It seems there are too many things to change and get this done in a monthly space which is the normal cycle for me. 

    One problem is that it seems many payments are interdependent with any identity change you make  ,as things are all chained together it seems . which means you have to change all parts in the chain!

    like  Change DVLA, but change car  insurance ,vehicle ownership.

    change mortgage, change  house insurance , tenant insurance , to the other.

    I think I will have to set up a second bank account , and then spread the changes out over 2 months or so .

     

  • Cristine Jennifer Shye. BL
    • Moderator
    • 2358 posts
    January 10, 2014 1:14 PM GMT

    Hiya Donna, its imperative that you print of about 10 copies of the deed poll, sign each one and get each copy witnessed, this makes each copy an original in law, some agencies do not return deed polls or recognise photo copies, wantimg original signatures.   Probably best if you send a covering letter with each one you can state as from:- date this deed poll is to take effect.  So revision of all documents come in to effect within a shorter time scale.   diffuculties can arise if your booked on return flights if your name changes during a period outside the UK,   Airline bookings and imigration controls.   I was traveling back and forward to the contiment and America before the GRA came into force, before you could not change gender on passports. even though you could change your name by deed poll, so a couple of letters from your therapist and doctor were needed, so just in case get copies and verification your recieving treatment.


    This post was edited by Cristine Jennifer Shye. BL at July 21, 2016 1:20 PM BST
  • lynn harvey
    • 404 posts
    September 7, 2014 7:21 PM BST

    I'm in the situation of being a UK citizen living in Germany. Since a name change is now on the cards I suspect that DIY will cause problems. The local bureaucracy like official, or official-looking, stamps on documents so I'll probably have to shell out a few quid for an official-looking product from some deed poll 'agency' or other. It does occur to me though that I could go DIY, sort out the UK end of things including a new passport first, and then try presenting the various authorities with a fait accompli  accompanied by an officially certified translation. After all, if my passport says that's what my name is now how can they object? My present name will not disappear completely but become a sort of 'stage name ' for one occasionally money bringing activity (the payment details on the invoice will be in my new name).

     

    How many witnesses does a DP require?

     

    A doctor's letter could be a problem.

  • Lucy Diamond
    • 1652 posts
    September 7, 2014 8:34 PM BST
    You're right Lynn, you could indeed do your own deed poll and use that to apply for a new passport, and also drving licence if you hold a UK one.
    A new passport isn't cheap these days but there's no way round that, it's something you're going to need once you start crossing borders in female mode. So all the more reason for not throwing money at  a company to do your deed poll for you. Just to emphasise once again - having someone else print your deed poll does not make it any more "legal" than doing your own; a UK deed poll is a contract with yourself and is legally binding and recognised in the UK, and you should have no problems abroad if you hold a UK passport in your new name. However you may think it looks to other people, headed paper or some pretend official-looking stamp on a deed poll is entirely meaningless in UK and international law.
    To apply for a new UK passport while living abroad you have 3 options: Do it while visiting the UK using a standard postal application form, for this you will need to provide a residential address for the new passport to be sent. Or, visit the passoprt office in person to use their premium one-day service, you'll need to make an appointment. Or, apply whilst abroad through the foreign office, as you may expect, more red tape with this option: Your deed poll needs to be witnessed by a solicitor (even if you pay one of the bogus companies to print it for you), you will need other evidence of living in your new name, driving licence, bank statements etc, I think 3 such documents will be required, and you may also be required to attend an interview. So avoid that last option if you can!
    And if you still feel that the local bureaucracy would prefer to see official looking documents then make it look official, have a look at some companies' websites who charge for preparing deed polls and just mock-up one of their headers! It's no more illegal than what they're doing; they have no legal recogintion whatsoever, deed polls are not registered anywhere, you could even make up your own company, it'll carry as much weight legally as any other.
    xx
  • Rebecca Armstrong
    • 65 posts
    September 7, 2014 8:44 PM BST

    the only problem i had with doing my own was my bank HSBC dont accept the legit legal version you create for yourself and infact only accept the buy 1 off the internet which is tech illegal as the person on the other end doesnt know me so how could they sign in confidence that i will hold to my contract or ever enforce that contract and question me