Hey folks 
Apologies in advance for any errors, typos, omissions, or unclear explanations. We've written this hastily whilst still in AuDHD burnout, fighting through brain fog and fatigue (and possible infection), after reading the latest QueerAF newsletter, as they have unknowingly made this service seem legit. We are not a lawyer and we are happy to make amendments accordingly for those who have more experience than we have from our research or notice errors / typos we've made. Also, boosts are most welcome.
Also, just to clarify, we are very much NOT bashing QueerAF. We think they're AMAZING and you should totally subscribe to their newsletter. This is just a one-off error, which we've highlighted to them, along with the GDPR and scamming implications.
The gist
Despite its official-sounding name, the UK Deed Poll Office is NOT an official government agency. They even admit as much in small print at the bottom of pretty much all their pages:
The UK Deed Poll Office is not a government agency. Our function is purely as a document provider for the self-declaration of an unenrolled deed poll.
If you look under the terms and conditions, it gets worse.
We own and operate the Website www.ukdeedpolloffice.org (“Website”). We are UK Deed Poll Office LLC, with a UK postal address at Queensway House, Queensway, Middlesbrough, TS3 8TF, UK. Our official company is based out of the United States at UK Deed Poll Office LLC, 416 W 52nd Street 323, New York, NY 10019.
Is it the only one?
When we first wrote this PSA, we thought it was, but we've since found several more, some based in the UK, scamming people into paying for unenrolled deed polls that they could do for free!!!
We doubt these are the only ones, too: just the ones we found (due to one comparing itself against the others).
Problems
GDPR
We felt the need to do this post after seeing a worrying article in this week's QueerAF newsletter:
The UK Deed Poll Office just released analysis of the trends they see when trans people change their name.
Gender identity is considered special category data under GDPR, and comes with a lot of additional legal requirements for processing.
Given that this is a scam company operating out of the US, do you really think they're going to comply with GDPR like they should do?
No: of course they won't. They already haven't. If they had, they wouldn't have been able to produce an analysis about trans people's name changes, as they shouldn't be collecting, storing, or processing such information!!!
This was data from 1,516 trans people, likely without their consent for their data to be stored and used.
Other issues
Beyond the worrying GDPR implications, unenrolled deed polls are completely free, minus printing costs, to create, but not universally accepted in all UK nations, and yet this scam company:
- Is charging people for a free deed poll creation process.
- Implies that you need to apply for a legal name change in all UK nations.
- Implies that the unenrolled deed poll will be accepted in every nation within the UK.
Legal name?
Strictly speaking, the UK doesn't have a concept of a legal name or surnames: at least not like other countries do. Instead, it's just what name people know you by. So the term legal name is often used, but it just means whatever your name is. However, how you formally change your name to update IDs varies across nations.
England and Wales
You can easily change your legal name, so long as it's not for nefarious or fraudulent purposes. As TransActual summarises it:
It is a principle of the law in England and Wales that a person’s legal name can be changed simply by using a new name and becoming known by it. There is no legal requirement for a new name to be enrolled or registered.
-- TransActual - Name Changes - An overview
Scotland
Updated on 2024-12-20 based on additional info from Reddit user Neat-Bill-9229, who replied here to the version of this we posted on Reddit
It's a bit different in Scotland, as Scottish law is different to English law in terms of name changes.
The official name change route for people who were born or adopted in Scotland is listed on the changing your name page on the National Records of Scotland (NRS) website. This legally registers the name change and updates your birth certificate with your new name... and sadly the name you were "formerly known as" too 🥺
Unlike enrolled deed polls, however, the name change isn't published publicly, so this method doesn't carry the same associated risks. It's only a public record in the sense that all birth certificates are public records (i.e., someone would need to order a copy of your birth certificate). However, if you're willing to wait until you get a Gender Recognition Certificate, you can use a different route to change your name and gender on your birth certificate at the same time. Details are listed on the gender recognition page on the NRS.
Please note that you aren't required to register a change of name for it to be considered legally valid.
An easier and cheaper route for many is to change your name via a Statutory Declaration for Change of Name. It should cost no more than £10 to get a "practising solicitor, notary public, or other officer of a court authorised by law to administer an oath" to witness this. Alternatively you can ask a "Justice of the Peace" to witness your statutory declaration. You can find your local court and book an appointment on the signing documents page on the The Scottish Courts and Tribunals Service website. Please note that you may have to wait a few weeks for an available appointment, depending on your local court.
Scottish Trans has created a template that can be used by anyone 16+. We'd recommend reading all the guidance before filling it in.
Technically you shouldn't be able to use an enrolled deed poll to change your name, but only if it was signed in Scotland. If you got it signed in England or Wales, then returned to Scotland, it should in theory be accepted, as the applicable name change law depends on which nation it was signed in. It's a loophole that you can successfully use, though some institutions may still query it if it doesn't look official enough. Parchment paper is definitely recommended.
Northern Ireland
Northern Ireland is different again. You can try to use an unenrolled deed poll in theory, but you might need to apply for a name change through the General Register Office, which will cost money, and some methods may lead to registering the name change publicly.
We'd recommend reading the Rainbow Project name change page and reaching out to them for more info.
If you can get one ID updated using an unenrolled deed poll, it should be easier to get others done.
Creating a deed poll
If you do not have access to a printer, you could ask a friend if they can help you, or print from any public facility with free (or cheap) printing, like many libraries.
Although many choose to print their deed poll (or polls, if they make multiple originals) on fancy and/or thicker A4 paper (like parchment / certificate paper), this is not required. It's just to make it look more formal and less likely for be unjustly rejected when telling organisations, despite your right to rectification under GDPR.
Why you shouldn't enroll / register the name change
In England and Wales, avoid enrollment at all costs if you are trans or may be at risk if someone finds your new name.
Enrolling a deed poll will create a permanent searchable link between your old and new names, including a notification in the London Gazette. Anyone could find out your old name with only a few seconds of web searching.
-- GenderKit - Name change by deed poll - Warning
It's slightly different in Scotland and Northern Ireland:
In Scotland and Northern Ireland, a name change carried out without a GRC will also cause your birth certificate to display both your old and new names. -- GenderKit - Registering a name change - Warning
Your birth certificate is considered a public record, but someone would need to order it to see your former names. If you avoid the registration route, you can update your birth certificate without it deadnaming you after you've got a GRC.
Removing name change from public record?
If you have already enrolled your name change via deed poll, you can ask The Gazette to remove your name change details, but you may not be able to remove the public record of your name change 😔
You could try to ask under the GDPR right to be forgotten, but we have no idea if that would be successful.
If you wish to remove your previous names on your birth certificate after registering a name change in Scotland or Northern Ireland, you will likely need a GRC to ask for this.
Where can I find more info?
Please check out the following links. They're not exhaustive, but should put you in the right direction.
#DeedPoll #UKDeedPollOffice #scam #UK #England #Wales #Scotland #NorthernIreland #NameChange #trans #transgender #enby #NonBinary #queer #LGBTQ+ #LGBTQIA+ #LGBTQIA2S+
Joshua A.C. Newman
Chris Espinosa
Mark Gritter
Broadwaybabyto
FediForum
SleepyCatten
