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Difference between revisions of "Name Changes (3:XIV)"
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= September 29, 2020}} | ||
{{LSLAP Manual TOC|expanded = family}} | {{LSLAP Manual TOC|expanded = family}} | ||
== A. Legislation: Name Act, RSBC 1996, c 328 == | == A. Legislation: Name Act, RSBC 1996, c 328 == | ||
The instructions for changing a surname are outlined in the [http://canlii.ca/t/8481 ''Name Act'']. It can be skipped if the change occurs during the marriage ceremony or divorce. The procedures for changing a first name are much less formal and are not set out in legal rules (see [[{{PAGENAME}}#C.Changing a First Name | Section | The instructions for changing a surname are outlined in the [http://canlii.ca/t/8481 ''Name Act'']. It can be skipped if the change occurs during the marriage ceremony or divorce. The procedures for changing a first name are much less formal and are not set out in legal rules (see [[{{PAGENAME}}#C.Changing a First Name | Section XIV.C: Changing a First Name]]). The [http://www2.gov.bc.ca/gov/content/life-events Department of Vital Statistics] provides a name change package complete with forms and instructions. They can be reached in Vancouver at (604) 660-2937. | ||
Note the Court decision in [http://canlii.ca/t/1g6ph ''Trociuk v British Columbia (Attorney General)'', [2003<nowiki>]</nowiki> 1 SCR 835] which declared ss 3(1)(b) and 3(6)(b) of the British Columbia [http://canlii.ca/t/84fk ''Vital Statistics Act''] unconstitutional. These sections prevented a father from having the registration of the child’s surname altered, violating | Note the Court decision in [http://canlii.ca/t/1g6ph ''Trociuk v British Columbia (Attorney General)'', [2003<nowiki>]</nowiki> 1 SCR 835] which declared ss 3(1)(b) and 3(6)(b) of the British Columbia [http://canlii.ca/t/84fk ''Vital Statistics Act''] unconstitutional. These sections prevented a father from having the registration of the child’s surname altered, violating their rights under s 15(1) of the [http://canlii.ca/t/8q7l ''Canadian Charter of Rights and Freedoms'']. | ||
== B. Changing a Surname == | == B. Changing a Surname == | ||
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=== 1. General === | === 1. General === | ||
Any person may apply to change | Any person may apply to change their own name. | ||
==== a) At the Time of Marriage ==== | ==== a) At the Time of Marriage ==== | ||
At the time of marriage, a person may elect to: | At the time of marriage, a person may elect to: | ||
*retain the surname | *retain the surname they had immediately before marriage; | ||
*use the surname | *use the surname they had at birth; or | ||
*use the surname of | *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. | 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 child if the child has attained the age of l2 years; | ||
*the other parent, if living; and | *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. | *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 | 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) the | *c) is, in the option of the registrar general, unreasonably withholding their consent. | ||
==== c) A Widowed Person ==== | ==== c) A Widowed Person ==== | ||
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==== d) A Divorced Person ==== | ==== d) A Divorced Person ==== | ||
A divorced person may, upon divorce, go by the name listed on | A divorced person may, upon divorce, go by the name listed on their birth certificate. | ||
=== 2. Eligibility === | === 2. Eligibility === | ||
To be eligible to change | 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 === | ||
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==== b) Publishing Notices of Intention ==== | ==== b) Publishing Notices of Intention ==== | ||
A person who wishes to legally change | A person who wishes to legally change their name is no longer required to publish a notice of intention. | ||
==== c) Making the Application ==== | ==== c) Making the Application ==== | ||
When making application for a change in | When making application for a change in their surname or given name, or both the surname and given name, the applicant must insert their name in full in the notice of application for a change of name. | ||
Application for a legal change of name must be accompanied by: | Application for a legal change of name must be accompanied by: | ||
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=== 1. Eligibility === | === 1. Eligibility === | ||
Anyone may change | Anyone may change their first name. However, minors should be advised that they must obtain the written consent of their parents to do so. | ||
=== 2. Procedure === | === 2. Procedure === | ||