Obtaining a Deed Poll for a Child

Overview

The name of a child (a person under 18 years old), who is a permanent resident, can be changed at any time by way of a deed poll

Birth Record in Hong Kong (Birth Certificate)

Birth Records issued by the Hong Kong SAR Government do not specify the surname (family name) of the child. If the father's name is listed on the birth record, his surname is automatically assigned to the child's name. If no father is listed on the birth record, it is the mother's surname that is automatically assigned to the child.

This is a sample birth record for your reference.

smallbirhrecordsample

Changing the Name of a Minor / Child

Given Name (First Name) - Under the age of 11 years old

For a child under the age of 11, parents can apply directly at any of the Births Registries in Hong Kong to have the given name of their child changed. A parent of the child in question must attend in person to make a declaration and produce the child’s original birth certificate (for further information about this process). This will result in the Birth Record of the child being amended to show the new given name chosen.

Given Name (First Name) - Between 11 and 17 years old

A deed poll must be executed to change the given name of a child once the said child has reached the age of 11.

Surname (Family Name)

A deed poll is always required to change the surname of a child, whatever the age of the child.

Main Requirements for Name Change

Child has to be Permanent Resident

First, the child needs to be a permanent resident of Hong Kong. 

If the child is not a permanent resident of Hong Kong, the parents need to arrange for the child to change his/her name in his home country and then apply for a name change with the HKSAR Government. It is strongly suggested that you obtain a deed poll for your child so that he/she has the expected documentation for his/her name change in the future.

Approval from the Parents or Hong Kong Courts

Generally, the deed poll to change the name of a child needs to be signed by everyone who is a legal guardian of the child under Hong Kong laws.

Married Parents

Assuming both parents were married at the time of the birth of the child, both parents are required to sign the deed poll for a child in order for the Hong Kong SAR Government to be willing to recognise the name change application.

Divorced Parents
Both parents must consent to a child's name change. This requirement applies regardless of whether one parent has sole custody or is uninvolved in the child’s life. If one parent refuses to consent or cannot be reached, the applying parent must seek an order from the Family Court in Hong Kong. This order allows the name change application to proceed without the other parent’s consent. Once the court grants the order, the applying parent can execute a deed poll for the child’s name change and submit it to the Government of the Hong Kong SAR. A sealed copy of the court order must accompany the deed poll in the child's name change application process.

Single Mother
If the mother of the child was never married to the father, she can independently sign the deed poll, which is generally accepted by the Hong Kong SAR Government. However, she must also provide a declaration confirming that she was never married to the child's father.

Foreign Children (non HKSAR Passport Holders)

Children under the age of 11 years old

The Hong Kong SAR government does not issue Hong Kong Identity Cards to children under the age of 11 years old (unless they are applying for an HKSAR Passport). Therefore, there will be no formal recognition of the name change by the HKSAR Government until the child is 11 years old and there is an application put forward for their first Hong Kong Identity Card and for their name change. For the sake of clarity, the application for both the first Hong Kong Identity Card and name change can be done at the same time. 

Until the child has his Hong Kong Identity Card with the updated particulars, parents will need to bring their child's Birth Record and deed poll when they register their child with the school so that the school's records reflect the new name.

Children aged 11 years old or older
The HKSAR Government will issue (or re-issue) a Hong Kong Identity Card with the updated particulars after lodging their name change application.

Time and Fees Involved

A deed poll for a child can be prepared, executed and witnessed the same day you retain our firm. Our fee is HKD400 is per deed poll.

If you have additional questions which are not addressed here or wish to schedule an appointment, please contact us by telephone on +852 2176 4777, by WhatsApp (+852 9547 5353) or by email at enquiries@comtois.hk.

Name Change Applications from Outside of Hong Kong

In light of the situation brought on by COVID, we had numerous permanent residents staying overseas and wondering whether it was possible to change their child's name without having to come physically to Hong Kong. 

It is in fact possible for Hong Kong SAR passport holders to do so, and we have prepared a detailed guide explaining the process.

Frequently Asked Questions (FAQ) 

We have listed the most common questions that we are being asked on a weekly basis and have answered them in some details here.

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