Legal Question in Family Law in Canada

Changing Childs name

Wondering if there is any way I can change my daughters last name. I am getting married and would like her to have my new last name. She has my maiden name as her father and I were never married. Is this possible?


Asked on 6/24/08, 11:01 am

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: Changing Childs name

In British Columbia it depends on several factors; the age of your daughter and whether or not the father will agree. If the child is over 12 then her written consent is required, and if she is over 12, we strongly suggest that your daughter have independent legal advice from a lawyer without you presnt, but for whom you must pay. The Name Act of British Columbia says

"...Subject to subsection (4), a person who is the parent of and who has custody of an unmarried minor child may, with the consent of the other parent of the child, apply to change the child's name, but, if the application is to change the child's surname to that of the applicant's spouse, the consent of the spouse is required."

If the father will not consent you may apply to the Court for an Order that his consent is not required, upon showing proper grounds (these are beyond the scope of answering on LawGuru).

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Answered on 6/24/08, 1:57 pm


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