Difference between revisions of "Changing Your Name"

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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = Thomas E. Wallwork|date= August 2017}} {{Dial-A-Law TOC|expanded = relationships}}
You may want to change your legal name because you’re getting married, because you’re getting divorced, or just because you feel like it. Learn what’s involved in '''changing your name'''.


{{Dial-A-Law TOC|expanded = family}}
==Understand your legal rights==
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==
===What name you use===
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.
Government identification, such as passports and driver’s licences, are only issued in your legal name. Under the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-328/latest/rsbc-1996-c-328.html#sec4_smooth law in BC], anyone age 19 or over can apply to  change their legal name. They can change their name to any name they choose, as long as the change isn’t likely to cause embarrassment or confusion to anyone or isn’t for an improper purpose or otherwise objectionable — such as changing your name to avoid paying your debts.  


==Marriage is one situation where people may change their names==
We explain the process to apply for a legal name change below.
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.
===If you get married===
When they marry, some people choose to use their spouse’s last name. Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-328/latest/rsbc-1996-c-328.html#sec3_smooth BC law], when you marry, you have a number of choices for your last name:
*You can keep the last name you had before the marriage.
*You can use the last name you had at birth or by adoption.
*You can take the last name of the person you’re marrying.
*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 can choose any of these options without completing a legal change of name.  


*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 also apply for a legal change of name:
*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 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.
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?==
===If you change your name on 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.  
For name changes that don’t require applying for a legal change of name, 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. You’ll need to provide a copy of your government-issued marriage certificate.  


==When do you need to apply for a legal change of name?==
For name changes that require a legal change of name, you’ll need to provide a copy of your change of name certificate.  
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?==
===If you divorce===  
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:
If you get divorced, you may choose to use any of the following last names:
*the last name you used while you were married
*a previous married last name, if you were married before
*your last name at birth


*An original birth certificate if you were born in Canada
You don’t have to apply for a legal change of name, you can just start using one of these last names.
*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 [http://www.vs.gov.bc.ca 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==
====If you want a completely new name====
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.
If you want to change your name to a name you’ve never used before, there’s a special procedure 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 claim or counterclaim. By using this procedure you can avoid a criminal record check, which is a required step in applying for a legal change of name.  


==Can a name change be refused?==
===Applying for a legal change of name===
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.
You must be at least 19 years old and have lived in BC (or had a permanent residence in BC) for three months, before making your application.


==What happens if your name change is granted?==
====Making the application====
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.
You must submit a [https://www2.gov.bc.ca/gov/content/life-events/legal-changes-of-name/legal-change-of-name-application change of name application], together with certain supporting documents and the required fee. The supporting documents vary depending on your situation:
*If you were born in Canada, you must submit an '''original'''* Canadian birth certificate.
*If you were born outside Canada, you must submit certified copies of immigration and citizenship documents.
*If you were married in BC, you must submit an original BC marriage certificate.
*If you were married outside of BC or Canada, you must submit a photocopy of your marriage certificate.  


==A copy of your Certificate of Change of Name will be sent to you==
You also must get a '''criminal record check'''. Within 30 days of applying for the name change, you must start the criminal record check process by having your fingerprints taken. Contact your local police or the RCMP at [http://www.rcmp.gc.ca/en/where-do-get-a-criminal-record-check rcmp.gc.ca] for information on getting a criminal record check.  
This will allow you to apply for other identification in your new name.


==The name change will be recorded in government records==
====For the application kit====
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.
For the change of name application form and information on the process, contact the Vital Statistics Agency. Call 250-952-2681 in Victoria or toll-free 1-888-876-1633 elsewhere in BC, or visit their website at [https://www2.gov.bc.ca/gov/content/life-events gov.bc.ca/vitalstatistics].


==Do you need a lawyer?==
===If your name change is granted===
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.
After your legal change of name application has been processed and the name change registered, a copy of your '''change of name certificate''' will be sent to you. This will allow you to apply for other identification in your new name.


==What if you divorce, or just want to return to a previous name?==
The name change will be recorded in government records. 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.
Then you may choose any of the following:


*Your current married last name from before the divorce
==Get help==
*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.
===With more information===
The '''Vital Statistics Agency''' is the government office that deals with change of name applications.
:Tel: 250-952-2681 in Victoria
:Toll-free: 1-888-876-1633
:Web: [https://www2.gov.bc.ca/gov/content/life-events gov.bc.ca/vitalstatistics]


==What if you’re divorcing and want a completely new name?==
The wikibook '''''JP Boyd on Family Law''''', hosted by Courthouse Libraries BC, has information on naming and changes of 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.)
:Web: [https://wiki.clicklaw.bc.ca/index.php?title=Naming_and_Changes_of_Name wiki.clicklaw.bc.ca]
 
==Where can you get more information?==
 
*See the website of the Vital Statistics Agency at [http://www.vs.gov.bc.ca 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 [[Naming and Changes of Name]].
 
 
[updated November 2014]
 
'''The above was last reviewed for accuracy by JP Boyd.'''
----


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Revision as of 18:00, 25 March 2019

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Thomas E. Wallwork in August 2017.

You may want to change your legal name because you’re getting married, because you’re getting divorced, or just because you feel like it. Learn what’s involved in changing your name.

Understand your legal rights

What name you use

Government identification, such as passports and driver’s licences, are only issued in your legal name. Under the law in BC, anyone age 19 or over can apply to change their legal name. They can change their name to any name they choose, as long as the change isn’t likely to cause embarrassment or confusion to anyone or isn’t for an improper purpose or otherwise objectionable — such as changing your name to avoid paying your debts.

We explain the process to apply for a legal name change below.

If you get married

When they marry, some people choose to use their spouse’s last name. Under BC law, when you marry, you have a number of choices for your last name:

  • You can keep the last name you had before the marriage.
  • You can use the last name you had at birth or by adoption.
  • You can take the last name of the person you’re marrying.

You can choose any of these options without completing a legal change of name.

You can also apply for a legal change of name:

  • 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.

If you change your name on getting married

For name changes that don’t require applying for a legal change of name, 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. You’ll need to provide a copy of your government-issued marriage certificate.

For name changes that require a legal change of name, you’ll need to provide a copy of your change of name certificate.

If you divorce

If you get divorced, you may choose to use any of the following last names:

  • the last name you used while you were married
  • a previous married last name, if you were married before
  • your last 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.

If you 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 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 claim or counterclaim. By using this procedure you can avoid a criminal record check, which is a required step in applying for a legal change of name.

Applying for a legal change of name

You must be at least 19 years old and have lived in BC (or had a permanent residence in BC) for three months, before making your application.

Making the application

You must submit a change of name application, together with certain supporting documents and the required fee. The supporting documents vary depending on your situation:

  • If you were born in Canada, you must submit an original* Canadian birth certificate.
  • If you were born outside Canada, you must submit certified copies of immigration and citizenship documents.
  • If you were married in BC, you must submit an original BC marriage certificate.
  • If you were married outside of BC or Canada, you must submit a photocopy of your marriage certificate.

You also must get a criminal record check. Within 30 days of applying for the name change, you must start the criminal record check process by having your fingerprints taken. Contact your local police or the RCMP at rcmp.gc.ca for information on getting a criminal record check.

For the application kit

For the change of name application form and information on the process, contact the Vital Statistics Agency. Call 250-952-2681 in Victoria or toll-free 1-888-876-1633 elsewhere in BC, or visit their website at gov.bc.ca/vitalstatistics.

If your name change is granted

After your legal change of name application has been processed and the name change registered, a copy of your change of name certificate 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. 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.

Get help

With more information

The Vital Statistics Agency is the government office that deals with change of name applications.

Tel: 250-952-2681 in Victoria
Toll-free: 1-888-876-1633
Web: gov.bc.ca/vitalstatistics

The wikibook JP Boyd on Family Law, hosted by Courthouse Libraries BC, has information on naming and changes of name.

Web: wiki.clicklaw.bc.ca
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