Difference between revisions of "How Do I Change My Name after Marriage or Divorce?"

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Issues about names mostly come up when a child is born, when people enter into new relationships and when they separate, and, after separation, sometimes when someone wants to change the name of a child. In a family law context, people usually change their names when they marry and when they divorce. The provincial ''[http://canlii.ca/t/8481 Name Act]'' also allows people to change their names just because they feel like it, without the necessity of a marriage or a divorce.
Issues about names mostly come up when:
* a child is born,  
* people enter into marriage or are in a longer term committed relationship,
* people divorce or separate,  
* someone wants to change the name of a child following separation,
* a name change is important for gender identity,
* someone wishes to reclaim an Indigenous name, and
* someone wants to change their name just because they feel like it.


This section provides a <span class="noglossary">brief</span> introduction to this subject and discusses the naming of children, changes of name on marriage and divorce, and changes of name under the ''Name Act''.
The vast majority of the time in a family law context, name changes are connected to marriage and divorce events.  


==Naming children==
This guide provides an introduction to changes of name on marriage and divorce, and briefly addresses changes of name under the ''[https://canlii.ca/t/8481 Name Act]'' .


The provincial Ministry of Health's [http://www.vs.gov.bc.ca Vital Statistics Agency] is the government organization that keeps track of people's births, their deaths, their wills, and their names. Under section 3(1) of the ''[http://canlii.ca/t/84fk Vital Statistics Act]'', one or both of the parents must file a [http://www.vs.gov.bc.ca/forms/vsa404w_fill.pdf Registration of Live Birth] with the agency within 30 days of the birth of a child. This form must be completed before the child's birth certificate can be issued.
==Naming children after birth==


The form must state, among other things: the name of the mother; the name of the father (if known and acknowledged); the gender of the child; the date of birth; and, the name given to the child. Under section 4 of the act, the child's surname can be:
The provincial [https://www2.gov.bc.ca/gov/content/life-events Vital Statistics Agency] is the government organization that keeps track of people's births, deaths, wills, and names. Under section 3(1) of the ''[http://canlii.ca/t/84fk Vital Statistics Act]'', both of the parents must complete a [http://www.vs.gov.bc.ca/forms/vsa404w_fill.pdf Registration of Live Birth] unless one or both of the parents is incapable or deceased, or unless the father is unacknowledged or unknown to the mother. The registration must be delivered to the agency within 30 days of the birth of a child. This process is commonly handled online through the Vital Statistics Agency's [https://ebr.vs.gov.bc.ca/ Electronic Birth Registration System]. Registration must be completed before the child's birth certificate can be issued, but the electronic process is now streamlined to let you also register for Canada Child Benefits (CCB), Social Insurance Number (SIN), and Medial Services Plan (MSP). If the situation is more complicated, however, like when registering a child is already over 1 year old, multiple parents are being recorded, or a surrogacy arrangement has been made, or if you don't have access to an internet-connected computer, you need to contact Vital Statistics directly. They will send you a registration package along with questions to complete.


*the name of either of the natural parents,  
The basic birth registration information includes:
*the name of one of the parents,  
* the name of the mother and father (if known and acknowledged),
*a combination of the parents' names, or
* the gender of the child,
*another name entirely.
* the date of birth, and
* the name given to the child.


If one parent alone registers the birth with the agency, usually the mother, that parent has the final say on the child's name unless the father obtains a court order for a new surname.
Under section 4 of the ''Vital Statistics Act'', the child's surname can be:
* the name of either of the natural parents,
* the name of one of the parents,
* a combination of the parents' names, or
* another name entirely.


A 2003 decision of the Supreme Court of Canada, ''[http://canlii.ca/t/1g6ph Trociuk v. British Columbia]'', 2003 1 S.C.R. 835, held that fathers should have a say in their children's names, contrary to the provisions of the ''Vital Statistics Act'' in force at the time. This decision also affects the right of unacknowledged fathers to be listed on their children's birth certificates. On June 4, 2004, the act was amended to comply with the court's decision, and section 4.1 of the ''Vital Statistics Act'' now allows the courts of British Columbia to make an order changing a child's surname when it makes a declaration of paternity.
If both parents are acknowledged but cannot agree on a surname, the ''Vital Statistics Act'' mandates that the child's surname must be a combination of both parents' surnames, either hyphenated or combined in alphabetical order.


Now, while you're free to name your child as you wish, there are some limits. You've probably heard of Dweezel and Moon Unit Zappa, and you probably know people named Sunshine and Starlight. Under section 9 of the ''Act'', the agency's registrar general has the authority to refuse to register the birth — and consequently to refuse to issue a birth certificate — for children where the registrar general believes:
In cases where only one parent registers the birth, the law allows for the other parent to be included on the birth certificate and have a say in the child's surname, provided there is no justifiable reason to exclude them. This reflects the principle that both parents should have an opportunity to be involved in naming their child, as established by the Supreme Court of Canada in ''[http://canlii.ca/t/1g6ph Trociuk v. British Columbia]'', 2003 1 S.C.R. 835.
 
Section 4.1 of the ''Vital Statistics Act'' also empowers the courts of British Columbia to change a child's surname when making a declaration of paternity, taking into consideration the best interests of the child.
 
Now, while you're free to name your child as you wish, there are some limits. You might have heard of Moon Unit Zappa or X Æ A-12 Musk. Under section 9 of the ''Act'', the agency's registrar general has the authority to refuse to register the birth — and consequently to refuse to issue a birth certificate — for children where the registrar general believes:


<blockquote><tt>(a) that the name that the applicant seeks to adopt might reasonably cause mistake or confusion or be a cause of embarrassment or confusion to any other person, or</tt></blockquote>
<blockquote><tt>(a) that the name that the applicant seeks to adopt might reasonably cause mistake or confusion or be a cause of embarrassment or confusion to any other person, or</tt></blockquote>
<blockquote><tt>(b) that the change of name is sought for an improper purpose or is on any other ground objectionable.</tt></blockquote>
<blockquote><tt>(b) that the change of name is sought for an improper purpose or is on any other ground objectionable.</tt></blockquote>


While it seems that the registrar general rarely rejects a name, you should still be aware that this power exists.
While it seems that the registrar general rarely rejects a name, and while such a rejection could be appealed to the Supreme Court, you should still be aware that this power exists.


==Changing names==
==Changing names==
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<blockquote><tt>(1) Subject to this section, a person who has attained the age of majority or, if the age of majority has not been attained, is a parent having guardianship or custody of his or her child and who is domiciled in British Columbia for at least 3 months, or has resided in British Columbia for at least 3 months immediately before the date of the application, may, unless prohibited by this or another Act, change his or her name on complying with this Act.</tt></blockquote>
<blockquote><tt>(1) Subject to this section, a person who has attained the age of majority or, if the age of majority has not been attained, is a parent having guardianship or custody of his or her child and who is domiciled in British Columbia for at least 3 months, or has resided in British Columbia for at least 3 months immediately before the date of the application, may, unless prohibited by this or another Act, change his or her name on complying with this Act.</tt></blockquote>
<blockquote><tt>(2) If the minister is satisfied that it is in the public interest to do so, the minister may waive the residency requirements of subsection (1).</tt></blockquote>
<blockquote><tt>(2) If the minister is satisfied that it is in the public interest to do so, the minister may waive the residency requirements of subsection (1).</tt></blockquote>
<blockquote><tt>(3) Subject to subsection (4), a parent having guardianship or custody of an unmarried minor child may, with the consent of the other parent of the child, apply to change the child's name, but, if the application is to change the child's surname to that of the applicant's spouse, the consent of the spouse is required.</tt></blockquote>
<blockquote><tt>(3) Subject to subsection (4), a parent having guardianship or custody of an unmarried minor child may, with the consent of all other parents having guardianship and other guardians of the child, apply to change the child's name, but, if the application is to change the child's surname to that of the applicant's spouse, the consent of the spouse is required.</tt></blockquote>
<blockquote><tt>(4) If a person applies to change the name of an unmarried minor child who has attained the age of 12 years, he or she must first obtain the consent in writing of the child.</tt></blockquote>
<blockquote><tt>(4) If a person applies to change the name of an unmarried minor child who has attained the age of 12 years, he or she must first obtain the consent in writing of the child.</tt></blockquote>
<blockquote><tt>(5) If a person whose consent is required under this Act</tt></blockquote>
<blockquote><tt>(5) If a person whose consent is required under this Act</tt></blockquote>
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This applies to both men and women, and to same sex and opposite sex couples, and no court application is required; the newly-married spouse simply starts using that name. To get identification in the new name, you will have to produce proof of your marriage (the government-issued marriage certificate) and proof of your old name (a driver's licence or BC ID).
This applies to both men and women, and to same sex and opposite sex couples, and no court application is required; the newly-married spouse simply starts using that name. To get identification in the new name, you will have to produce proof of your marriage (the government-issued marriage certificate) and proof of your old name (a driver's licence or BC ID).


The sort of marriage the act is referring to is a legal marriage solemnized by a marriage commissioner or licensed religious official; the rules about change of name on marriage do not apply to common-law relationships.
The sort of marriage the act is referring to is a legal marriage solemnized by a marriage commissioner or licensed religious official; the rules about change of name on marriage do not apply to common-law relationships, i.e. unmarried spouses.


====Hyphenated names====
====Hyphenated names====
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====Children's names====
====Children's names====


An application for a change of name of the children of the marriage must be made with the consent of the other parent, even when the person making the application has custody of the children. The consent of the affected children must also be obtained where they are 12 or more years old.
An application for a change of name of the children of the marriage must be made with the consent of the other guardians, even when the person making the application may have ''custody'' of the children. (As of writing, the ''Name Act'' still used the term ''custody'' and had not yet been amended to use the less loaded term ''decision-making responsibility''.) The consent of the affected children must also be obtained where they are 12 or more years old.


===Change of name under the ''Name Act''===
===Change of name under the ''Name Act''===


If you don't qualify for an automatic change of name, you will have to follow the process outlined in the ''Name Act'' to change your name. The Ministry of Health's [http://www.vs.gov.bc.ca/name/howto.html Vital Statistics Agency] has a [http://www.vs.gov.bc.ca/forms/vsa529.pdf change of name package] that includes all the forms you will require and <span class="noglossary">instructions</span> on how to complete them. Although you don't have to run an ad in the newspaper to change your name, you will have to get your fingerprints taken and submit to a criminal records check. As well, a fee will be charged by the police department that takes your fingerprints.
If you don't qualify for an automatic change of name, you will have to follow the process outlined in the ''Name Act'' to change your name. The Vital Statistics Agency offers an [https://ecos.vs.gov.bc.ca/ecos/ Online Services] feature that allows you to apply for a change of name online. It still requires you to print off documents in paper copy and submit them to Vital Statistics. The paper form called an [https://www2.gov.bc.ca/assets/gov/health/forms/vital-statistics/vsa529.pdf Application for Change of Name] can also be completed, and is necessary in cases where, for instance, you are changing the name of a child and your own name. It's not necessary to put an ad in the newspaper to change your name, but you will have to get your fingerprints taken, submit to a criminal records check, and get your statutory declaration properly sworn. Expect a fee to be charged by the police department that takes your fingerprints, and by whomever takes your statutory declaration (could be a notary, lawyer, or Service BC representative).


The process is fairly straightforward and a hearing before a judge is usually not necessary. The steps for most people are as follows:
The process is fairly straightforward and a hearing before a judge is usually not necessary. The steps for most people are as follows:


#get the change of name package from the Vital Statistics Agency,  
#get the change of name package from the Vital Statistics Agency,  
#if you're seeking to also change the name of a child, you must obtain the consents of the other parent, the child (if the child is 12 or more years old), and your present spouse (if you are seeking to change the child's name to that of your spouse),  
#if you're seeking to also change the name of a child, you must obtain the consents of the other guardians, the child (if the child is 12 or more years old), and your present spouse (if you are seeking to change the child's name to that of your spouse),  
#gather proof of identity, like birth certificates, for everyone affected by the change of name (usually, yourself and any children),  
#gather proof of identity, like birth certificates, for everyone affected by the change of name (usually, yourself and any children),  
#go to your local police detachment and submit to fingerprinting (you have to pay a fee for this service),  
#get your statutory declaration sworn before an authorized individual,
#go to your local police detachment and submit to fingerprinting (you have to pay a fee for this service, but keep the receipt to submit to the Vital Statistics Agency),  
#the police will send in all the required information — the identification, the consents, your fingerprints, and so forth — to the agency, along with payment of the agency's fee, and
#the police will send in all the required information — the identification, the consents, your fingerprints, and so forth — to the agency, along with payment of the agency's fee, and
#once your name change has been registered, the fingerprints will be returned to the police for a criminal records check.
#once your name change has been registered, the fingerprints will be returned to the police for a criminal records check.


Once the agency receives all of this information with their fee, they will begin processing the request. (Bear in mind that the agency's chief executive officer has the authority to refuse to register objectionable names — discussed earlier in this section.) If all is well, the chief executive officer will make the required changes to the birth certificates of the people affected by the application and, if applicable, to any current marriage certificate, and will issue a Certificate of Change of Name.
Once the agency receives all of this information with their fee, they will begin processing the request. (Bear in mind that the agency's chief executive officer has the authority to refuse to register objectionable names — discussed earlier in this section.) If all is well, the chief executive officer will make the required changes to the birth certificates of the people affected by the application and, if applicable, to any current marriage certificate, and will issue a Certificate of Change of Name.
==Resources and links==
===Legislation===
* ''[http://canlii.ca/t/84fk Vital Statistics Act]''
* ''[http://canlii.ca/t/8481 Name Act]''
===Resources===
* [https://ebr.vs.gov.bc.ca/ Online Birth Registration]
* [http://www2.gov.bc.ca/assets/gov/health/forms/vital-statistics/vsa529.pdf Application for Change of Name]
===Links===
* [http://www2.gov.bc.ca/gov/content/life-events/ Vital Statistics Agency]
* [http://www2.gov.bc.ca/gov/content/life-events/legal-changes-of-name/legal-change-of-name-application Vital Statistics Agency: Legal Change of Name Application]
* [https://www.health.gov.bc.ca/vs/babynames/ Most Popular Baby Names in British Columbia]




{{REVIEWED | reviewer = [[Bob Mostar]] and [[Mark Norton]], June 24, 2019}}
{{REVIEWED | reviewer = [[Nate Russell]], October 19, 2023}}


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