Changing Your Name

This script discusses changing your name, including when you get married or divorced, as well as changing a child’s name.

In general, you can use whatever name you want

This is true as long as you aren't changing your name for improper reasons, like avoiding paying your debts. However, important government documentation, such as passports and drivers’ licences, will only be issued in your legal name.

Marriage is one situation where people may change their names

Many people, women especially, choose to use their spouse’s last name when they marry. Actually, you have a number of choices for your last name when you get married:

• You can each keep the same last name that you had before the marriage, including, for example, your previous married last name if you were married before.
• You can take the last name of the person you’re marrying.
• You can use the last name that you had at birth or by adoption.

These changes can be made automatically. Other name changes require an application to the Vital Statistics Agency:

• You and your new spouse can apply for an entirely new last name. For example, Mary Smith and Robert Jones can apply to have their names legally changed to Mary and Robert Black. Or to Cecilia and Walter Black, if they wish.
• You can apply to have a combined or hyphenated last name of both your spouse’s and your own last name, such as Smith-Jones.

You don’t have to change your name if you don’t want to.

How do you get ID in your new name after getting married?

You can start getting identification and other documents, like credit cards, business cards and so forth, in your new name as soon as you like. For automatic name changes that don’t require an application to the Vital Statistics Agency, you’ll need to provide a copy of your government-issued marriage certificate. If you had to apply for a name change, you’ll need a copy of your certificate of change of name.

When do you need to apply for a legal change of name?

You have to apply for a legal name change if you want an entirely new last name or if you want a hyphenated surname.

How do you apply for a legal change of name?

You must be at least 19 years old and have lived in BC for three months, or consider BC your permanent residence, before making your application. In addition, you must be able to provide certain supporting documents such as:

• An original birth certificate if you were born in Canada
• Certified copies of immigration and citizenship documents if you weren’t born in Canada
• An original marriage certificate if you were married in Canada
• A photocopy of your marriage certificate if you were married outside of Canada

You may also be asked to show proof of residency. In addition, you may need consent forms if you’re applying to change the name of a child under the age of 19.

Note that the originals of the supporting documents that you provide with your application won’t be returned to you upon completion of the change of name, so make photocopies first.

The first step is to obtain a Change of Name application package

These forms can be obtained by picking them up in person from any Vital Statistics Agency or government office, or by ordering them from the Vital Statistics Agency by telephone, fax or email. The phone number for the Vital Statistics Agency is 250.952.2681 in Greater Victoria, and their website is www.vs.gov.bc.ca. Because specialized envelopes, specifically designed for the application process, must be used, these forms aren’t available for downloading from the Internet.

Fingerprinting and a criminal record check is next

Once you’ve completed the Application for Change of Name, take it together with the required fee and supporting documents to your local police or RCMP detachment. As of October 1, 2002, anyone 18 or over who wants to change their name must have their fingerprints taken. The officer taking the prints will then forward them in a sealed envelope, along with the application form and all related fees and documents, to the Vital Statistics Agency in Victoria for processing. Fees for fingerprinting must be paid directly to the local police or RCMP, and these fees are in addition to the fees for the Application for Change of Name.

Can a name change be refused?

The Vital Statistics Agency will decide whether to grant or refuse your application. It will be refused if it appears to be made for an improper purpose or if the director believes that the name change would cause confusion or embarrassment to anyone.

What happens if your name change is granted?

After your application has been processed and the name change registered, the envelope containing your fingerprints will be sent by the Vital Statistics Agency to the RCMP in Ottawa to conduct a criminal record check. The RCMP will then return your fingerprint record to you. Your fingerprint record won’t be kept on file with the local police detachment, the Vital Statistics Agency or the RCMP as a result of this application process.

A copy of your Certificate of Change of Name will be sent to you

This will allow you to apply for other identification in your new name.

The name change will be recorded in government records

Your change of name will be published on a private government Change of Name web site. As well, if your birth or marriage is registered in BC, a note will be made on the original registration, and any later copies will be issued in your new name. But a marriage registration won’t be changed where there has been a divorce or if the husband or wife has died.

Do you need a lawyer?

You don’t need a lawyer to prepare the Application for a Change of Name. But if you’re trying to change the name of a child in your custody and cannot obtain permission from the other parent, you should talk to a lawyer.

What if you divorce, or just want to return to a previous name?

Then you may choose any of the following:

• Your current married last name from before the divorce
• Your previous married last name, if you were married before
• Your name at birth

You don’t have to apply for a legal change of name, you can just start using one of these last names.

What if you’re divorcing and want a completely new name?

If you want to change your name to a name you’ve never used before, there’s a special procedure provided at the time of a divorce. You can file the appropriate forms with your application for the final divorce order, but you must have asked for this order in your Notice of Family Claim or Counterclaim. By using this procedure you can avoid the fingerprinting process and the criminal record check. (This procedure isn’t necessary if the change is back to your maiden surname or your previous married surname.)

Where can you get more information?

• See the website of the Vital Statistics Agency at www.vs.gov.bc.ca, or phone the Agency in Victoria at 250.952.2681.
• See also the Naming & Change of Name page of the wikibook JP Boyd on Family Law, published by Courthouse Libraries BC, at wiki.clicklaw.bc.ca/index.php/Naming_and_Change_of_Name.

[updated November 2014]

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The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."

Under the Divorce Act, either of two people who are married to one another, whether of the same or opposite genders. Under the Family Law Act, spouse includes married spouses, unmarried parties who have lived together in a marriage-like relationship for at least two years, and, for all purposes of the act other than the division of property or debt, unmarried parties who have lived together for less than two years and have had a child together. See "marriage" and "marriage-like relationship."

In family law, the act or process of taking another person's child as one's own. The child becomes the adopting parent's legal child as if the child were the adopting parent's natural child, while the natural parent loses all rights and obligations with respect to the child. See "natural parent."

The geographic place where a person permanently lives. This is different from a person's "domicile" in that a person's residence is more fixed and less changeable in nature. A person's residence can also have an impact on a court's authority to hear and decide a legal action. See "domicile" and "jurisdiction."

A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief."

(1) Information which establishes or tends to establish the truth of a fact, or (2) the conclusion of a logical argument. See "evidence" and "premises."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

In family law, an antiquated term used by the old Divorce Act to describe the right to possess a child and make parenting decisions concerning the child's health, welfare and upbringing. Replaced in the new Divorce Act with the term decision-making responsibility." See "access," "decision-making responsibility" and "parenting time."

In family law, the natural or adoptive father or mother of a child; may also include stepparents, depending on the circumstances and the applicable legislation; may include the donors of eggs or sperm and surrogate mothers, depending on the circumstances and the terms of any assisted reproduction agreement. See "adoptive parent," "assisted reproduction," "natural parent" and "stepparent."

The legal termination of a valid marriage by an order of a judge; the ending of a marital relationship and the conjugal obligations of each spouse to the other. See "conjugal rights," "marriage" and "marriage, validity of."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

A legal document required by the Supreme Court Family Rules to begin a court proceeding, setting out the relief claimed by the claimant and the grounds on which that relief is claimed. See "action," "claim," "claimant," "pleadings" and "relief."