Changing the Name of a Child
CHANGE OF NAME
The Change of Name Act outlines
how to change an existing name and how marriage, common-law
relationships, divorce or separation affects an existing name. The Vital
Statistics Act sets out how names must be shown on birth registrations.
In general, anyone 18 years of
age or over who has lived in Manitoba for at least three months may
apply to the director of Vital Statistics to change his or her name.
Once
the prescribed fee has been paid and an application accepted, the Vital
Statistics Agency will issue a change of name certificate, amend birth
and marriage records to reflect the new name and publish notice of the
change in the Manitoba Gazette. The Vital Statistics Agency will forward
this information to another province if the person was born or married
there, but the person will be responsible for any costs to change birth
or marriage records in that province. The person changing their name
must make arrangements to change their name on other documents and
records—such as a driver’s licence and credit cards.
Change of Name at time of Marriage
or Common-Law Relationship
The law in Manitoba does not
require a person to change their last name when they get married. Both
spouses have the right to use:
- their own last name
- their spouse’s last name
- a combination of both last names, hyphenated or not, in any order they choose
- their spouse’s last name, with their own last name as a given or middle name
For example, when Nancy Smith
and Brian Jones marry, one or both of them can continue to be known by
their surnames before marriage or choose to be known by:
- Smith Jones or Jones Smith
- Smith-Jones or Jones-Smith
- Jones or Smith
A married person does not have
to apply to the Vital Statistics Agency for a change of name in any of
the above circumstances. The person simply has to use the chosen last
name (Ex: Nancy Smith Jones or Brian Jones-Smith). If a new name is
used, a letter with a copy of the marriage certificate should be sent to
record holders (such as the Motor Vehicles Branch and credit card
companies) so documents and records (such as a driver’s licence, credit
cards) can be changed to the new name.
As
of January 1, 2003, common-law partners can assume their partners’
surname or combine it with their own, in the same way that people can
when they marry. A formal name change application is not required, but
common-law partners wishing to do this must file a declaration with the
Vital Statistics Agency. To qualify as common-law partners under
The
Change of Name Act, a couple must either have registered their
relationship with the Vital Statistics Agency or be cohabiting in a
conjugal relationship of some permanence.
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Change of Name during Marriage or
Separation
People who changed their last name at the time they married must file a
change of name application and obtain a legal change of name if they
want to change their name during the marriage. This is so, even if the
person wants to resume the use of their last name before
marriage or birth surname.
Change of Name after Divorce or
Termination of Common-Law Relationship or on Death of a Spouse or
Common-Law Partner
A divorced or widowed person may
resume using the surname they used before marriage, or at birth, without
a formal name change through Vital Statistics. On the termination of a
common-law relationship or the death of their common-law partner, a
person may also resume using the surname they used before the
relationship, so long as the person files a declaration with the Vital
Statistics Agency.
A Child's Last Name
A child’s birth must be
registered with both a given name and a surname, made up of the letters
“a” to “z”, accents from the English or French languages and may
includes hyphens and apostrophes. If the parents are not married,
information about the father can only be included on the birth
registration if the parents complete a joint written request and submit
it to the Vital Statistics Agency.
Changing the Name of a Child
Under The Change of Name
Act, the written consent of a child over 12 years of age is required
before his or her name can be changed.
When parents have joint
custody of their children either parent may apply to change the
given names or last name of the children. The other parent must
consent in writing to the name change. Under The Family Maintenance
Act, parents who have lived together after the birth of their child,
regardless of whether they are married, have joint custody of the
child unless the court orders one parent have sole custody. If the
parents of a child have never lived together, then the parent the
child lives with has sole custody. (See the introduction to
Chapter
5, Custody.)
A parent with sole custody
can apply to change a child’s name but must give the other parent
notice of the change of name application by registered or certified
mail. The other parent can object (oppose the change) and apply to
court for an order that the change of name not be granted. The
parent will have to prove that the requested change of name would
not be in the child’s best interests. In extraordinary
circumstances, the director of Vital Statistics can process an
application to change the name of a child without requiring the
consent of a parent or notice to a parent.
Widowed parents may apply to
the Vital Statistics Agency to change the name of any of their
children under age of 18. Children over 12 would have to consent in
writing to the proposed change.
When a child is adopted, the
adoptive parents may choose to have the child keep the name he or
she was given at birth, or change the first, middle and/or last name
of the child, as long as they comply with the requirements in The
Vital Statistics Act.
For more information
contact:
Vital Statistics Agency
254 Portage Avenue
Winnipeg MB R3C 0B6
Phone: 945-3701
Service en francais:
945-5500
Fax: 948-3128
Toll free: 1-800-282-8069
(Ext. 3701)
E-mail:
vitalstats@gov.mb.ca
Website:
www.gov.mb.ca/cca/vital
