Name change


Name change generally refers to the legal act by a person of adopting a new name different from their current name.
The procedures and ease of a name change vary between jurisdictions. In general, common law jurisdictions have loose procedures for a name change while civil law jurisdictions are more restrictive.
A pseudonym is a name used in addition to the original or true name. This does not require legal sanction. Pseudonyms are generally adopted to conceal a person's identity, but may also be used for personal, social or ideological reasons.

Reasons for changing one's name

In Canada, name changes are handled through the vital statistics bureaux of the various provinces and territories, except in Nunavut, where they are handled by the Courts.

Common-law jurisdictions in Canada

All Canadian provinces and territories except Quebec allow their residents, whether Citizens, Permanent Residents or Temporary Residents, to obtain a name change, provided they fulfil the pertinent regulations. Quebec, being a civil law jurisdiction, has substantial differences from the rest of Canada in how it permits its residents to obtain a change of name.

Quebec

In Quebec, only Citizens may obtain a change of name from the Directeur de l'Etat Civil. Permanent Residents residing in Quebec, if falling under an Immigration, Refugees and Citizenship Canada exception, may make a statutory declaration to IRCC and obtain a change of name through them. Otherwise, as with all Temporary Residents residing in Quebec, they must obtain a change of name from the country that issued their passport/travel document.
Quebec also has other strict regulations regarding name changes. For example, transgender Quebecker Micheline Montreuil had to undergo a lengthy process to have her name legally changed. Initially, the Directeur de l'Etat Civil refused to permit the change on the grounds that someone legally assigned male at birth could not bear a female name. According to Quebec law, Montreuil could not change her registered gender because this required proof of a completed gender confirmation surgery, which she had not had. On November 1, 1999, the provincial court of appeals ruled that nothing in the law prevented a person who was registered as male from legally adopting a woman's name. Another issue specific to Quebec is married names. Because of the Quebec Charter of Rights, married women in Quebec have been unable to adopt their spouse's surname since 1976. Other provinces allow their residents to change their last name on the strength of their marriage certificate.
The Directeur de l'Etat Civil will amend a Quebec birth certificate if a name change certificate is issued by another province. Some have used that loophole to legally change their names by temporarily moving another Canadian province or territory, which follow more permissive common-law rules.

United States

In the United States, state laws regulate name changes. Several federal court rulings have set precedents regarding both court decreed name changes and common law name changes, including Lindon v. First National Bank. In Christianson v. King County, 239 U.S. 356, the Supreme Court accepted a name changed using the common law method as a legal name.
Usually a person can adopt any name desired for any reason. As of 2009, 46 states allow a person legally to change names by usage alone, with no paperwork, but a court order may be required for many institutions to officially accept the change. Although the states follow common law, there are differences in acceptable requirements; usually a court order is the most efficient way to change names, except at marriage, which has become a universally accepted reason for a name change.
Where a court process is used, it is necessary to plead that the name change is not for a fraudulent or other illegal purpose, such as evading a lien or debt or for defaming someone else. Applicants may be required to give a reasonable explanation for wanting to change their names. A fee is generally payable, and the applicant may be required to post legal notices in newspapers to announce the name change. Generally the judge has limited judicial discretion to deny a change of name: usually only if the name change is for fraudulent, frivolous or immoral purposes. In 2004, a Missouri man succeeded in changing his name to They. The Minnesota Supreme Court ruled that a name change to 1069 could be denied, but that Ten Sixty-Nine was acceptable ; the North Dakota Supreme Court had denied the same request several years before.
In nearly all states, a person cannot choose a name that is intended to mislead, that is intentionally confusing, or that incites violence; nor can one adopt, as a name, a racial slur, a threat, or an obscenity.
Some examples of typically allowed reasons for name changes in the U.S. include:
Under U.S. nationality law, when aliens apply for naturalization, they have the option of asking for their names to be changed upon the grants of citizenship with no additional fees. This allows them the opportunity to adopt more Americanized names. During the naturalization interview, a petition for a name change is prepared to be forwarded to a federal court. Applicants certify that they are not seeking a change of name for any unlawful purpose such as the avoidance of debt or evasion of law enforcement. Such a name change would become final if within their jurisdiction, once a federal court naturalizes an applicant.
To maintain a person's identity, it is desirable to obtain a formal order so there is continuity of personal records.

Informal methods of legal name change

Assumed name

The "open and notorious" use of a name is often sufficient to allow one to use an assumed name. In some jurisdictions, a trade name distinct from one's legal name can be registered with a county clerk, secretary of state, or other similar government authority. Persons who wish to publish materials and not to be associated with them may publish under pseudonyms; such a right is protected under case law pursuant to United States Constitution.

Usage method

A common law name is a legal name. In most states a statutory method, while quick and definitive, only supplements the common law method, unless the statute makes itself exclusive. Although a person may sue under a common law name.
In California the "usage method" is sufficient to change the name. Not all jurisdictions require that the new name be used exclusively. Any fraudulent use or intent, such as changing the name to the same name as another person's name, may invalidate this type of name change.
Specifically in California, Code of Civil Procedure § 1279.5 and Family Code § 2082 regulate common law and court decreed name changes. Code of Civil Procedure § 1279.5 reads, "Except as provided in subdivision,,, or, nothing in this title shall be construed to abrogate the common law right of any person to change his or her name." Subdivisions b through e preclude one from changing their name by common law if they are in state prison, on probation, on parole, or have been convicted of a serious sex offense. If a person is not in any of these categories, then a common law name change is allowed.

Preferred name

Many universities, hospitals, and other institutions allow one to use a "preferred name" instead of one's legal name. This name can show up on class rosters, online learning platforms, and student ID cards. It provides a "transitional"
name change for those who have yet to, or cannot, receive a court-ordered name change.

Official registration

A legal name change is merely the first step in the name-change process. A person must officially register the new name with the appropriate authorities whether the change was made as a result of a court order, marriage, divorce, adoption, or any of the other methods described above. The process includes notifying various government agencies, each of which may require legal proof of the name change and that may or may not charge a fee. Important government agencies to be notified include the Social Security Administration, Bureau of Consular Affairs, the Federal Communications Commission, the Selective Service System and the Department of Motor Vehicles. Additionally the new name must be registered with other institutions such as employers, banks, doctors, mortgage, insurance and credit card companies. Online services are available to assist in this process either through direct legal assistance or automated form processing.
Most states require name changes to be registered with their departments of motor vehicles within a certain amount of time, and some state motor vehicle departments require updated social security cards to make changes, by first registering a new name with the Social Security office:
Several United StatesTime limits in daysNotes
Arizona10Must appear in person with updated social security cards
ConnecticutUndefinedMust appear in person with updated social security cards
Delaware30Must appear in person with updated social security cards
Illinois30
MarylandUndefinedMust appear in person
New JerseyUndefinedMust appear in person
New YorkUndefinedMust appear in person
North Carolina60
PennsylvaniaUndefinedMust appear in person for a driver's license or photo ID
South Carolina10
Texas30
Vermont30
Wyoming10

The fees for registering a new name vary from state to state. The forms, along with the state-specific requirements, can generally be obtained for free.
Many states will require reasons for wanting a name change. For example, in Florida, a court will not grant a petition for a change of name if it finds that the petitioner has ulterior or illegal motives in seeking the name change, the petitioner's civil rights are suspended, or granting the name change will invade the property rights of others.

Forcible name changes

In 1887, the Dawes Act directed that Indigenous Americans adopt a surname. This forcible solidification of individual identities, in pursuance of Western legal and political orders, assisted in the federal government's efforts to remove their ownership of communally-held land.
More recently, recipients of Deferred Action for Childhood Arrivals have been forced to revert to the names on their birth registration documents by USCIS, even where this does not match the name they've been using all their life in the United States. This is especially true with DACA recipients from Spanish-speaking countries, whereby two last names appear on birth registration documents per Spanish naming customs. Even where the person has only ever used one surname, USCIS forces them to revert to both surnames, creating a discrepancy in matters such as academic records and credit ratings.

United Kingdom

In the United Kingdom of Great Britain and Northern Ireland, citizens and residents have the freedom to change their names with relative ease.
In theory, anyone who is at least 16 and resident in the United Kingdom can call themselves whatever they wish. However, over the past hundred years or so, formal procedures that are recognised by record holders such as government departments, companies and organizations have evolved, which enable someone to change the name recorded on their passport, driving licence, tax and National Insurance records, bank and credit cards, etc., provided that "documentary evidence" of a change of name is provided. Documents such as birth, marriage and educational certificates cannot be changed because these documents are considered "matters of fact", which means that they were correct at the time they were issued. However, exceptions exist, such as transgender UK-born individuals whose births are registered in the Gender Recognition Register.
Documentary evidence of a change of name can be in a number of forms, such as a marriage certificate, decree absolute, civil partnership certificate, statutory declaration or deed of change of name. Such documents are mere evidence that a change of name has occurred, however, and they do not themselves operate to change a person's name. Deeds of change of name are by far the most commonly used method of providing evidence of a change of name other than changing a woman's surname after marriage. A deed poll is a legal document that binds a single person to a particular course of action. The term 'deed' is common to signed, written agreements that have been shown to all concerned parties. Strictly speaking, it is not a contract because it binds only one party and expresses an intention instead of a promise. 'Poll' is an old legal term referring to official documents that had cut edges so that they were straight.

England and Wales

People whose births are registered in England and Wales may have their deed poll enrolled at the Royal Courts of Justice in London. See also College of Arms#Change of names.

Historical usage

From the mediæval age to the 19th century, the era of family dynasties, name changes were frequently demanded of heirs in the last wills and testaments, legacies and bequests, of members of the gentry and nobility who were the last males of their bloodline. Such persons frequently selected a younger nephew or cousin as the heir to their estates on condition that he should adopt the surname and armorials of the legator in lieu of his patronymic. Thus, the ancient family otherwise destined to extinction would appear to continue as a great dynasty in the making.
Such changes were also more rarely demanded by marriage settlements, for example where the father of a sole daughter and heiress demanded that as a condition of his daughter's dowry her husband should adopt his father-in-law's surname and arms. Thus the progeny of the marriage would continue the otherwise extinct family's name. Such name changes were generally only demanded of younger sons, where an elder brother was available to inherit the paternal estates under primogeniture and carry on the name and arms abandoned by the younger brother. Such name changes were effected by obtaining a private Act of Parliament or by obtaining a Royal Licence. A less radical procedure adopted from the 18th century onwards was for the legator or settlor to demand only that the legatee or beneficiary should adopt his surname in addition to his patronymic, not in place of it, which gave rise to the "double-barrelled", even the "triple-barrelled" name, frequently parodied in literature as epitomising the wealthy "squirearchy" with an embarrassment of inherited estates.
Well known examples are:
Residents of Scotland can change their name by deed poll or statutory declaration. Scottish-born/adopted people may optionally apply to the Registrar General for Scotland to have their birth certificate amended to show the new name and have the respective register updated. There is also an alternate route to changing one's name in Scotland, equivalent to enrolling a deed poll with the College of Arms; one may petition the Court of the Lord Lyon for a name change and subsequently receive a Certificate of Recognition of Change of Name.

Other common law jurisdictions

Australia

Individuals may legally change their name through the state and territory governments of Australia according to state or territory laws and regulations via agencies generally titled "Registry of Births, Deaths and Marriages". Exceptions exist for some states such as restricted persons and in some states, changes may only be made once a year. A state/territory's has jurisdiction over changes of name for people born in that state or territory, and for people born overseas now residing in that state or territory. Residents born in another state or territory must apply to the Registry of Births, Deaths, and Marriages of their birth jurisdiction for a change of name.
If a person's birth or adoption was registered in Australia, the change will also be noted on the person's birth or adoption registration, and in some states or territories, the name change can be evidenced either through a re-issued birth certificate if born in Australia and/or "Change of Name Certificate". Transgender residents born overseas may receive a recognised details certificate or identity acknowledgment certificate. These certificates are recognised secure identity documents and can be verified electronically through the Attorney-general of Australia's Document Verification Service.

Hong Kong

It is a common practice for ethnic Chinese residents of Hong Kong to adopt a western-style English name in addition to their transliterated Chinese name. As they often adopt western-style English names after being registered on the birth register, the fact that they want to include a western-style English name as part of their legal English name is regarded as a name change which usually requires a deed poll.
However, the Immigration Department which is responsible for processing applications for name change allows applicants to submit such applications without deeds poll; anyone who has a phonetic English name only and wishes to include a western-style English name as part of his or her legal English name can apply to the Immigration Department without a deed poll. Only one application of this kind is allowed for each applicant; any application for subsequent change must be made with a deed poll.

Ireland

In the Republic of Ireland, a person earns their name by "use and repute". For most purposes it is enough to simply use the desired name and ask others to call you by that name. This was the traditional practice for a bride adopting her husband's surname. A change of name deed poll is not required, but provides documentary evidence of a name change. Resident non-EU nationals must apply to the Irish Naturalisation and Immigration Service for a deed poll. The deed poll requires a witness affidavit, and may optionally be enrolled in the High Court upon payment of stamp duty. An enrolled deed poll is required for some administrative name changes, such as on a driving licence or when changing legal gender.

New Zealand

From September 1995, New Zealanders can change their name by making a statutory declaration and, if approved, the new name is registered with the Births, Deaths and Marriages section of the Department of Internal Affairs. Prior to September 1995, they changed their name by deed poll.

Other civil law jurisdictions

In general, unlike in common law countries, names cannot be changed at will in civil law jurisdictions. Usually, a name change requires government approval, though legal name changes have become more common in some jurisdictions over the last years. The reason given for this system is usually the public interest in the unique identifiability of a person, e.g., in governmental registers, although with the advent of personal identification numbers, that rationale may be in need of reconsideration.

Belgium

Changes in law Aug 2018 changes first name and fee will fall under the authority of local town hall In Belgian law, a name is in principle considered fixed for life, but under exceptional circumstances, a person may apply to the Ministry of Justice for a name change. This requires a Royal Decree for last names, but only a Ministerial Decree for first names. The new name must not cause confusion or cause damage to the bearer or others. Examples of requests that are usually considered favorably:
According to the Brazilian Civil Code and the Public Registries Act, the name registered after birth is definitive and immutable. However, there are some circumstances under which a name change is allowed:
In India, the person concerned submits a name change request to an appropriate authority, with supporting documents. Subsequently, an application must be made to the Government Printing Press, which issues an Official Gazette Notification certifying the change of name.
In India, name change legal process may be completed either publishing in State Government Gazette or Central Government Gazette. It is always preferred that one should opt for Central Govt. Gazette since in is valid all over world. Central Government Gazette process is explained here. There are four easy steps to complete the task. First, one has to make an affidavit on a Non-judicial stamp-paper. Get notarised. Second, publish in a newspaper about your change of name. Third, fill-in the required forms and attach affidavit and newspaper. Pay the government fee online. Attach the receipt also. Fourth and last step is submit the application. In certain States gazette application may be submitted online but most of the States and Central Government there is no online name change facility. One can either personally visit the concerned office and submit or may send by post. The Central Government Gazette office is located at Civil Lines, Near Delhi Metro Station, New Delhi. The office works from Monday to Friday only. For more details one can visit their website. After submission of application one can download the same from their website

Norway

Although it has always been relatively easy to change one's legal names in Norway, it used to require some kind of government approval. As late as 1830, local vicars were instructed to write both given names, as well as last names, in the baptismal record. Earlier, only the given name of the child, birth date, baptismal date, and sex were written down, alongside the parents' names. It was not until the beginning of the 20th century, however, that the authorities required everyone to adopt a family surname. Until about 1980, the government still required that a name change applicant apply to the government regional representative. The law has been replaced twice since then. Nowadays, the process is as easy as in common-law countries; the subject merely submits the names wanted to the local authorities for the purposes of election rosters and census counts; there is no longer an application process.

Philippines

2001 RA 9048 amends Articles 376 and 412 of the Civil Code of the Philippines, which prohibit the change of name or surname of a person, or any correction or change of entry in a civil register without a judicial order. Administrative Order No. 1 Series of 2001, implemented the law. It authorizes the city or municipal civil registrar or the consul general to correct a clerical or typographical error in an entry or change the first name or nickname in the civil register without need of a judicial order.

Name and gender change

In case of controversial and substantial changes, Philippines jurisprudence requires full-blown court lawsuit, that must include the local civil registrar in the petition, since RA 9048 and Rule 108 of the Rules of Court do not allow the change of sex in a birth certificate.
The only landmark case in the Philippines on name and legal sex change is the Jeff Cagandahan case. The Supreme Court of the Philippines Justice Leonardo Quisumbing on September 12, 2008, allowed Cagandahan, 27, who has congenital adrenal hyperplasia, to change the name on his birth certificate name to read Jeff, and his legal gender to male.

South Africa

South Africa, which uses a mixture of common law and civil Roman Dutch law, mostly uses common-law procedures with regard to name change. Name changes in South Africa are regulated by the Births and Deaths Registration Act. The personal information of all citizens and permanent residents is recorded on the Population Register, so any name changes must be registered.
A person can change their forenames by submitting a form to the Department of Home Affairs. An individual's surname, or that of a family, may be changed by applying to the Department and providing a "good and sufficient reason" for the change.
A married woman can change her surname to that of her husband or join her maiden name with her husband's surname, and a divorced woman may return to her previous surname, without applying or paying a fee; but she must notify the department so that the details in the Population Register can be changed.
South Africa has officially recognized same sex marriages since 2006 and in doing so now allows one or both partners to change their surnames in the marriage register on the day of the marriage. A new passport and ID book can then be applied for with the new married surname as well.
The surnames of minor children can also be changed under various circumstances involving the marriage, divorce or death of a parent, children born out of wedlock, and guardianship.

Switzerland

In Switzerland, a name change requires the approval of the respective Cantonal government, if there are important reasons for the change, according to article 30 of the Swiss Civil Code. When aliens apply for naturalization, they have the option of asking for their names to be changed upon the grants of citizenship with no additional fees. According to the case law of the Swiss Federal Supreme Court, such requests must be granted only if the petitioner shows that they suffer substantially from their present name, e.g., if it is the same as that of a notorious criminal.

Taiwan

In Taiwan, the Name Act bans changing one's legal name for some criminal reasons per since 2015. Otherwise, one may change the surname, given name, or both per Article 8, 9, or 10 since 2015.
Changing the given name is allowed if:
  1. Having the same name when serving or studying in the same institution or school.
  2. Since 1983, having the same given name as one's parent, grandparent, or great-grandparent.
  3. Having the same name as someone else who lives in the same county or city and having lived there for at least 6 months.
  4. Having the same name as a wanted criminal, for example :zh:陳進興|陳進興, a common name used by not only a convicted kidnapper and murderer who was executed in Taiwan for major crimes in 1997 but also a Taiwanese statesman.
  5. Since 2015, acknowledgement by father or adoption starts or ends.
  6. Having special reasons, which is limited to thrice since 2015 in one's lifetime, while the second given name change of this type requires the age of majority.

    Replacing documents

Diplomas, work experience documents, licenses, permits, and other such documents shall use a person's legal name to avoid being deemed invalid, so those intending to change names have to note that:
Licensed Taiwanese driver who legally changes the name without reporting to the competent traffic authority is fined 300 to 600 new Taiwan dollars and asked to re-register the legal name.
Taiwan passports are to be replaced after having changed the names.
Registration of change in name of the right holder having been changed after a land right has been registered, shall be applied; the same shall apply to the change of the name of administrator.

Overseas application

A national without household registration may apply for name change outside Taiwan at a Taiwanese diplomatic mission, but having had household registration in Taiwan may apply there only to forward a name change application to the Household Registration Office covering the last Taiwanese address of residency, which is a better method only if no risk of discrepancies among Taiwanese documents, so anyone having considerable Taiwanese documents should still change the name in person at Taiwanese Household Registration Office, to also replace the National Identification Card, healthcard card, driver license, etc.

Name change on religious conversion

Adherents of various religions change their name upon conversion or confirmation. The name adopted may not have any legal status but will represent their adopted religious beliefs.

Buddhism

There is no formal concept of conversion in Hinduism but converts to Hinduism are accepted, usually after a small ceremony called Shudhikaran. Individuals who attend a Shudhikaran ceremony to officially become Hindu may be optionally given a new Dharma name, which is usually based on Sanskrit or Indian name such as names based on Hindu deities.

Islam

The last name cannot be changed in such a way as to reflect a heritage that is not that of one's biological father.

Judaism