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

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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.
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.


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 whose names the registrar general believes:
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:


<blockquote><tt>(a) might reasonably be expected to <span class="noglossary">cause</span></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><blockquote><tt>(i) <span class="noglossary">mistake</span> or confusion, or</tt></blockquote></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><blockquote><tt>(ii) embarrassment to the child or another person,</tt></blockquote></blockquote>
<blockquote><tt>(b) is sought for an improper purpose, or</tt></blockquote>
<blockquote><tt>(c) 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, you should still be aware that this power exists.