5,230
edits
Difference between revisions of "Name Changes (3:XIV)"
From Clicklaw Wikibooks
no edit summary
| Line 1: | Line 1: | ||
{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= August 18, 2021}} | ||
{{LSLAP Manual TOC|expanded = family}} | {{LSLAP Manual TOC|expanded = family}} | ||
| Line 17: | Line 17: | ||
At the time of marriage, a person may elect to: | At the time of marriage, a person may elect to: | ||
* | * Retain the surname they had immediately before marriage; | ||
* | * Use the surname they had at birth; or | ||
* | * Use the surname of their spouse by marriage. | ||
==== b) A Parent with Custody of an Unmarried Child ==== | ==== b) A Parent with Custody of an Unmarried Child ==== | ||
A parent with custody may change the surname of their child. They must submit written consent of: | A parent with custody may change the surname of their child. They must submit written consent of: | ||
* | * The child if the child has attained the age of l2 years; | ||
* | * The other parent, if living; and | ||
* | * The applicant’s spouse if the application is to change the child’s surname to that of the applicant’s spouse. | ||
A parent with custody of an unmarried child may allow that child to informally use any surname they want, and that child may be registered in grade one under that name. No consent from the other parent is necessary in this case. A parent may apply to change a minor child’s name legally. It is also possible to apply for a change of name if the other parent: | A parent with custody of an unmarried child may allow that child to informally use any surname they want, and that child may be registered in grade one under that name. No consent from the other parent is necessary in this case. A parent may apply to change a minor child’s name legally. It is also possible to apply for a change of name if the other parent: | ||
*a) | *a) Is deceased or mentally disordered; | ||
*b) | *b) Cannot after reasonable, diligent and adequate search be located; or | ||
*c) | *c) Is, in the option of the registrar general, unreasonably withholding their consent. | ||
==== c) A Widowed Person ==== | ==== c) A Widowed Person ==== | ||
| Line 44: | Line 44: | ||
To be eligible to change their name under the ''Name Act'', a person must be: | To be eligible to change their name under the ''Name Act'', a person must be: | ||
* | * Be an adult; or if a minor, must be a parent having custody of their children; and: | ||
* | * Have been domiciled in British Columbia for at least 3 months or have resided in British Columbia for at least 3 months immediately before the date of the application (s 4(1)). | ||
=== 3. Procedure === | === 3. Procedure === | ||
| Line 64: | Line 64: | ||
Application for a legal change of name must be accompanied by: | Application for a legal change of name must be accompanied by: | ||
*i) | *i) The birth certificate, landed immigrant identification card or Canadian citizenship certificate of the applicant, and others included in the application; | ||
*ii) | *ii) A marriage certificate where the change affects the name of a married man or woman (not required for persons married in British Columbia); | ||
*iii) | *iii) Any required consents, as above; | ||
*iv) | *iv) Proof of custody from applicants who have been divorced, respecting any children included in the application who were born prior to the divorce; | ||
*v) | *v) The statutory fee of $137, and $27 for each additional individual; and | ||
*vi) | *vi) Proof of death from widowed applicants respecting any children included in the application. | ||
:'''NOTE:''' Information can be obtained from the Division of Vital Statistics (Vancouver telephone: (604) 660-2937; website: http://www.vs.gov.bc.ca/) regarding other related procedures such as a bride’s election of surname at marriage, and changes of name resulting from adoption, legitimisation of birth, dissolution of marriage, or due to improper registration of the birth originally. | :'''NOTE:''' Information can be obtained from the Division of Vital Statistics (Vancouver telephone: (604) 660-2937; website: http://www.vs.gov.bc.ca/) regarding other related procedures such as a bride’s election of surname at marriage, and changes of name resulting from adoption, legitimisation of birth, dissolution of marriage, or due to improper registration of the birth originally. | ||
