Name change
Encyclopedia
Name change generally refers to a legal act allowing a person to adopt a name different than their name at birth, marriage, or adoption. The procedures and ease of a name change depend on the jurisdiction. In general, common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 jurisdictions have loose limitations on name changes while civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...

 jurisdictions are restrictive. A pseudonym can be regarded as a name adopted to conceal a person's identity, and does not always require legal sanction. Additionally, there are other reasons for informal changes of name that are not done for reasons of concealment, but for personal, social or ideological reasons.

United States

State law
State law
In the United States, state law is the law of each separate U.S. state, as passed by the state legislature and adjudicated by state courts. It exists in parallel, and sometimes in conflict with, United States federal law. These disputes are often resolved by the federal courts.-See also:*List of U.S...

s regulate name changes in the United States. Several specific federal court rulings have set precedents regarding both court decreed name changes and common law name changes (changing the name at will).

A person may be employed, do business, enter into contracts, sue and be sued under any name they choose at will. Such a change carries exactly the same legal weight as a court-decreed name change, as long as it is not done with fraudulent intent.

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 (such as banks or government institutions) to officially accept the change. Some states allow transgender
Transgender
Transgender is a general term applied to a variety of individuals, behaviors, and groups involving tendencies to vary from culturally conventional gender roles....

ed persons to change names either before or after sex reassignment surgery
Sex reassignment surgery
Sex reassignment surgery is a term for the surgical procedures by which a person's physical appearance and function of their existing sexual characteristics are altered to resemble...

. Although the states (except part of Louisiana) follow common law, there are differences in acceptable requirements; usually a court order
Court order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...

 is the most efficient way to change names (which would be applied for in a state court), except at marriage, which has become a universally accepted reason for a name change. It is necessary to plead
Pleading
In law as practiced in countries that follow the English models, a pleading is a formal written statement filed with a court by parties in a civil action, other than a motion...

 that the name change is not for a fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...

ulent or other illegal purpose, such as evading a lien
Lien
In law, a lien is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation...

 or debt
Debt
A debt is an obligation owed by one party to a second party, the creditor; usually this refers to assets granted by the creditor to the debtor, but the term can also be used metaphorically to cover moral obligations and other interactions not based on economic value.A debt is created when a...

 or for defaming someone else.

The applicant may be required to give a reasonable explanation for wanting to change their name. 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
Judicial discretion
Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence...

 to grant or deny a change of name, usually only if the name change is for frivolous or immoral
Morality
Morality is the differentiation among intentions, decisions, and actions between those that are good and bad . A moral code is a system of morality and a moral is any one practice or teaching within a moral code...

 purposes, such as changing the name to God, Superman, Copyright, Delicious, or Pussycat.

In 2004, a Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...

 man succeeded in changing his name to They. The Minnesota Supreme Court
Minnesota Supreme Court
The Minnesota Supreme Court is the highest court in the U.S. state of Minnesota and consists of seven members. The court was first assembled as a three-judge panel in 1849 when Minnesota was still a territory. The first members were lawyers from outside of the region who were appointed by...

 ruled that a name change to 1069 could be denied, but that Ten Sixty-Nine was acceptable (Application of Dengler, 1979); the North Dakota Supreme Court
North Dakota Supreme Court
The North Dakota Supreme Court is the highest court of law in the state of North Dakota. The Court rules on questions of law in appeals from the state's district courts....

 had denied the same request several years before (Petition of Dengler, 1976).

In nearly all states, a person cannot choose a name that is intended to mislead (such as adopting a celebrity's name), that is intentionally confusing, or that incites violence; nor can one adopt, as a name, a racial slur, a threat, or an obscenity.

Under the federal immigration-and-nationality law, when aliens apply for naturalization
Naturalization
Naturalization is the acquisition of citizenship and nationality by somebody who was not a citizen of that country at the time of birth....

, 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
Americanization
Americanization is the influence of the United States on the popular culture, technology, business practices, or political techniques of other countries. The term has been used since at least 1907. Inside the U.S...

 names. In the 2005 version of Form N-400, Application for Naturalization, Part 1 (D) asks whether persons applying for naturalization would like to change their names. During the naturalization interview, a petition for a name change is prepared to be forwarded to a federal court
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...

. The applicant certifies that he or she is not seeking a change of name for any unlawful purpose such as the avoidance of debt or evasion of law enforcement
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...

. Such a name change becomes final once a federal court
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...

 naturalizes an applicant.

In some states, individuals are allowed to return to the use of any prior surnames (e.g., maiden names upon divorce). Some states, such as New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...

, allow married couples to adopt a new surname upon marriage, which may be a hyphenated form of the bride's and groom's names, a combination of parts of their family names, or any new family name they can agree upon adopting as the married name.

To maintain a person's identity
Identity (social science)
Identity is a term used to describe a person's conception and expression of their individuality or group affiliations . The term is used more specifically in psychology and sociology, and is given a great deal of attention in social psychology...

, it is desirable to obtain a formal order so there is continuity of personal records.

Assumed name

The "open and notorious" use of a name is often sufficient to allow one to use an assumed name. In some jurisdictions, individuals may register trade names that are distinct from their legal names and are registered with their county clerks, secretaries of state
Secretary of State (U.S. state government)
Secretary of State is an official in the state governments of 47 of the 50 states of the United States, as well as Puerto Rico and other U.S. possessions. In Massachusetts, Pennsylvania, and Virginia, this official is called the Secretary of the Commonwealth...

, or other similar government authorities. Individuals who wish to publish materials and not have the publications associated with them may publish under pseudonym
Pseudonym
A pseudonym is a name that a person assumes for a particular purpose and that differs from his or her original orthonym...

s; such a right is protected in the United States of America under the First Amendment to the United States Constitution
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...

.

Usage method

A common law name (i.e. one assumed for a non-fraudulent purpose) 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. Note that although a person may sue under a common law name, the Federal Rules of Civil Procedure (FRCP) have a higher standard and must use the "real" information, allowing the case to be dismissed.

In California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

 the "usage method" (changing the name at will under common law) 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 (a) reads, "Except as provided in subdivision (b), (c), (d), or (e), 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 been a convicted sex offender. If a person is not in any of these categories, then a common law name change is allowed. Family Code § 2082 also specifically states, "Nothing in this code shall be construed to abrogate the common law right of any person to change one's name."

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
Social Security Administration
The United States Social Security Administration is an independent agency of the United States federal government that administers Social Security, a social insurance program consisting of retirement, disability, and survivors' benefits...

, Bureau of Consular Affairs
Bureau of Consular Affairs
The Bureau of Consular Affairs is a bureau of the United States Department of State within that department's management office. The mission of the Bureau is to administer laws, formulate regulations and implement policies relating to the broad range of consular services and immigration. , the...

 (for passports), the United States Postal Service
United States Postal Service
The United States Postal Service is an independent agency of the United States government responsible for providing postal service in the United States...

, and the Department of Motor Vehicles (for a new driver's license or state identification card). 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.

Although state requirements differ, it is generally recommended to first register a new name with the Social Security office as some state motor-vehicle departments require updated social security cards to make changes; Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...

 is one of these states.

Most states require name changes to be registered with their departments of motor vehicles (DMVs) within a certain amount of time. For example, South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...

, and Wyoming
Wyoming
Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High...

 require a name change be registered with their office within ten days. Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...

 and Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...

 require it be registered within 30 days, while North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...

 allows up to 60 days. New York State requires visiting a local motor vehicle office to change the name on all records and documents, but without a definite deadline to do so. 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 (i) the petitioner has ulterior or illegal motives in seeking the name change, (ii) the petitioner's civil rights are suspended, or (iii) granting the name change will invade the property rights (e.g., intellectual property rights) of others.

United Kingdom

In the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

 citizens and residents have the freedom to change their names with relative ease.

England and Wales

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 recognized by record holders such as government departments, companies and organizations have evolved, which enable a citizen legally to change the name recorded on their passport
Passport
A passport is a document, issued by a national government, which certifies, for the purpose of international travel, the identity and nationality of its holder. The elements of identity are name, date of birth, sex, and place of birth....

, driving licence, tax and National Insurance
National Insurance
National Insurance in the United Kingdom was initially a contributory system of insurance against illness and unemployment, and later also provided retirement pensions and other benefits...

 records, bank and credit cards, etc., provided that "documentary evidence" of a change of name is provided. Documents such as birth
Birth certificate
A birth certificate is a vital record that documents the birth of a child. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensuing registration of that birth...

, marriage
Marriage certificate
In some jurisdictions a marriage certificate is the official record that two people have undertaken a marriage ceremony. This does include jurisdictions where marriage licenses do not exist...

 and educational certificates cannot be changed because these documents are "matters of fact", which means that they were correct at the time they were issued.

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
Statutory declaration
A statutory declaration is a legal document defined under the law of certain Commonwealth nations. It is similar to a statement made under oath, however, it is not sworn....

 or deed of change of name
Deed of Change of Name
A deed of change of name is a legal document in the United Kingdom and Republic of Ireland, which enables a single person or a family to officially change his or her 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 (in this case, changing one's name for all purposes). 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 (were polled) so that they were straight.

Scotland

Deeds poll do not exist under Scots law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...

. Scots law requires only that no one can change his or her name with the intent to defraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...

. If under 16 you still need the permission of all those with parental responsibility to change a child's surname. Adults can change their name if they have been "known as" a name for a period of time.

While merely informing others of the new name is enough for it to take legal effect, those whose births are registered in Scotland or have been legally adopted there can 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. The Registrar requires proof that someone has been living using their new name before an updated birth certificate can be issued. The easiest way to prove that is to have a passport or driving licence issued in the new name.

New Zealand

From September 1995, New Zealanders
New Zealanders
New Zealanders, colloquially known as Kiwis, are citizens of New Zealand. New Zealand is a multiethnic society, and home to people of many different national origins...

 can change their name by making a statutory declaration
Statutory declaration
A statutory declaration is a legal document defined under the law of certain Commonwealth nations. It is similar to a statement made under oath, however, it is not sworn....

 and, if approved, the new name is registered with the Births, Deaths and Marriages section of the Department of Internal Affairs (Identity Services). Prior to September 1995, they changed their name by deed poll
Deed poll
A deed poll is a legal document binding only to a single person or several persons acting jointly to express an active intention...

.

Canada

In Canada a person can informally call themselves whatever they want. In all provinces except Québec, when someone gets married they can change their last name without legally changing their name by using their Marriage Certificate
Marriage certificate
In some jurisdictions a marriage certificate is the official record that two people have undertaken a marriage ceremony. This does include jurisdictions where marriage licenses do not exist...

 as verification of the name change. It is almost impossible for married women in Québec to take their husbands name.
Like the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 the requirements for a formal name change varies from province to province. With the exception of Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....

, British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...

 and New Brunswick
New Brunswick
New Brunswick is one of Canada's three Maritime provinces and is the only province in the federation that is constitutionally bilingual . The provincial capital is Fredericton and Saint John is the most populous city. Greater Moncton is the largest Census Metropolitan Area...

; Canadians must be 18 to change their names and have lived in the province they are changing it in for at least 3 months to a year, depending on province. (In New Brunswick
New Brunswick
New Brunswick is one of Canada's three Maritime provinces and is the only province in the federation that is constitutionally bilingual . The provincial capital is Fredericton and Saint John is the most populous city. Greater Moncton is the largest Census Metropolitan Area...

 and British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...

, Canadians must be 19 to change their names, in Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....

 16.) People younger than the provinces age of Majority
Age of majority
The age of majority is the threshold of adulthood as it is conceptualized in law. It is the chronological moment when minors cease to legally be considered children and assume control over their persons, actions, and decisions, thereby terminating the legal control and legal responsibilities of...

 can change their names if they have their guardians consent, are legally married or have a Common law marriage. To change a name a Name Change application must be submitted to either the Ministry of Government Services, Court of justice or Registrar of civil status. A document such as a birth certificate must be submitted. A statement as to why the name is being changed is needed in most areas and the reason has to be serious. In Canada, a name cannot cause confusion, be used for misrepresentation or fraud and in most cases the name change is announced in newspapers. There is a fee involved and it ranges from $10 to $185 depending on the territory or province. British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...

 and Alberta
Alberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...

 need fingerprints to be submitted before one changes their name.

South Africa

South Africa, which uses a mixture of common law and civil Roman Dutch law
Roman Dutch law
Roman Dutch law is a legal system based on Roman law as applied in the Netherlands in the 17th and 18th centuries. As such, it is a variety of the European continental civil law or ius commune...

, mostly uses common-law procedures with regard to name change. Name changes in South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...

 are regulated by the Births and Deaths Registration Act (Act 51 of 1992, as amended). 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
South African Department of Home Affairs
The Department of Home Affairs is a department of the South African government.- Duties :The department is responsible for:* Maintenance of the National Population Register , including the recording of births, marriages/civil partnerships and deaths.* Issuing identity documents and passports.*...

. 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. (It is possible that, if challenged, these provisions might be held to be unconstitutional because they apply only to women.)

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.

Hong Kong

It is a common practice for ethnic Chinese residents of Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...

 to adopt a western-style Chinese name in addition to their phonetic English 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
Legal name
Legal name is the name that an individual is given at birth and/or recognized by a government or other legal entity, or which appears on a birth certificate , marriage certificate , or other government issued document on which a legal name change is evidenced and...

 is regarded as a name change which usually requires a deed poll.

However, the Immigration Department
Immigration Department (Hong Kong)
The Immigration Department of the Government of Hong Kong is responsible for immigration control of Hong Kong. After the People's Republic of China assumed sovereignty of the territory in July 1997, Hong Kong's immigration system remained largely unchanged from its British predecessor model...

 which is responsible for processing applications for name change allows applicants to submit such applications without deed polls; 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(s) must be made with a deed poll.

Australia

Individuals may legally change their names so long as they are not doing so for criminal purposes, such as committing fraud.

Institutions such as banks, the Passport Office and transport authorities require proof of identity, so people who change their names need to have proof of the change.

Adults (people more than 18 years old) may register a change of name only once every 12 months unless a magistrate's court approves the change because of exceptional circumstances.

Children between one and 18 years old may register a change of name for the child's first name once between one and 18 years old and surname once every 12 months unless a magistrate's court approves otherwise.

A child less than one year old may register a change of name for the child's first name before the child turns one year old.

A change for a child's surname may be registered once every 12 months unless a magistrate's court approves otherwise.

If a person's birth or adoption was registered in Australia, the change will also be noted (in most cases) on the person's birth or adoption registration. Following the notation, any birth certificates issued will show the name registered at birth together with the new name. If requested the birth or adoption can be re-registered, thereby allowing the certificate to be issued without reference to the name registered at birth. Re-registration is a separate process requiring a formal application to be made and a fee paid.

Civil law

In general, unlike in common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 countries, names cannot be changed at will in civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...

 jurisdictions. Usually, a name change requires government approval and is only rarely granted. Though legal name changes has become more common in some of these countries 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.

Quebec

Although as in other jurisdictions a resident of Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....

 may informally use whatever name he or she wants, procedures for formal name change are very strict as Quebec (unlike the rest of Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

) operates under a civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...

 system. The decision must be authorized by the Director of Civil Status, and requires a valid reason for changing the name, including long-term use of the new name (in the Montreuil case cited below, the Quebec appeals court has considered five years' use to be a sufficient reason), difficulty of use due to spelling or pronunciation, or bearing a name that another person has made infamous.

Only a judge may authorize a name change for a child for reasons of abandonment, deprivation of parental authority, or change in filiation
Paternity (law)
In law, paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors.At common law, a child born to the wife during a marriage is the husband's child under the "presumption of legitimacy", and the husband is assigned complete rights,...

 such as adoption
Adoption
Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...

.

This has occasionally led to controversy. A lawyer named Micheline Montreuil, a non-operative male-to-female transgender
Transgender
Transgender is a general term applied to a variety of individuals, behaviors, and groups involving tendencies to vary from culturally conventional gender roles....

 woman, had to undergo a lengthy process to have her name legally changed. Initially, the director of civil status refused to permit the change on the grounds that a male could not bear a female name. According to Quebec law, Montreuil could not change her record of sex because this requires proof of a completed sex reassignment surgery
Sex reassignment surgery
Sex reassignment surgery is a term for the surgical procedures by which a person's physical appearance and function of their existing sexual characteristics are altered to resemble...

, which she has not had. On November 1, 1999, the provincial court of appeal ruled that nothing in the law prevented a person who was legally male from legally adopting a woman's name. (Montreuil was initially prevented from changing her name despite this ruling on the grounds that she had not established general use, as normally required for a name change; the Quebec appeals court finally authorized the change on November 7, 2002.)

The Director of Civil Status will amend a Quebec birth certificate if a name change certificate is issued by another province. Some people have used that loophole by moving to another province temporarily in order to get the legal documents.

Switzerland

In Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....

, a name change requires the approval of the respective Cantonal
Cantons of Switzerland
The 26 cantons of Switzerland are the member states of the federal state of Switzerland. Each canton was a fully sovereign state with its own borders, army and currency from the Treaty of Westphalia until the establishment of the Swiss federal state in 1848...

 government, if there are important reasons (wichtige Gründe / justes motifs) for the change, according to article 30 of the Swiss civil code. 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.

Belgium

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 (French: Arrêté royal, Dutch: Koninklijk besluit) 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:
  • A person of non-European origin who wants to adopt a less exotic name to further his/her integration in Belgian society.
  • A person stuck with a ridiculous last name that is causing him/her great embarrassment or emotional distress. Actual examples: Salami, Naaktgeboren ("born naked"), Clooten ("sods of earth" in Middle Dutch, but "testicles" in modern Dutch), ...
  • (for minor children) following legal adoption or recognition of paternity

Brazil

According to the Brazilian Civil Code and public registry act, the name given at birth is definitive and immutable. However there are some possibilities that may allow a name change:
  • If an obvious writing error is made while registering the name of the child.
  • In the first year after the age of majority
    Age of majority
    The age of majority is the threshold of adulthood as it is conceptualized in law. It is the chronological moment when minors cease to legally be considered children and assume control over their persons, actions, and decisions, thereby terminating the legal control and legal responsibilities of...

     (18 years) is reached, the person can request to change his first name. Modification of surnames is not allowed in this case.
  • If a person's name exposes them to the ridicule and goes against the person's well being in everyday life.
  • In case a person is recognized publicly by another name, it can request a name change or addition, by bringing three testimonials who can prove the allegation.
  • The case of sex change is also foreseen, the recent jurisprudence has allowed name modifications in most of these cases

Norway

Although it has always been relatively easy to change ones legal names in Norway, it used to require some kind of government approval. As late as 1830 local vicars was instructed to write both given (Christian) names as well as last names in the baptismal record. Earlier only the given name of the child, birth date, and baptismal date and sex was written down, together with the parents names. It was not before the beginning of the 20th century though that the authorities demanded everybody to adopt a family name (surname). Until about 1980 the government still required that a name change applicant apply to the government regional representative (fylkesmann). The law has been replaced twice since that. Nowadays it is as easy as in common-law countries, as you just write down the names you want (providing that the surname you choose is not in use, or is used by more than 200 persons).
You still have to submit your new names to the local authorities for reasons of election rosters and census counts but there is no application process anymore.

Taiwan

In Taiwan
Taiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...

, the Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...

 strictly regulates when one's surname, given name, or both may or may not be changed, under the Name Act (姓名條例) since 1953 with 10 articles, totally amended into 14 articles in 2001, and the Enforcement Regulations of the Name Act (姓名條例施行細則).

Legally permitted reasons to change one's given name are:
  1. Having the same name when serving in an institution or studying in the same school.
  2. Since 1983, having the same name with one's any parent, grandparent, or great-grandparent.
  3. Having the same name with anyone else while living in a county or city for at least 6 months.
  4. Having the same name with a wanted criminal, like 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 (:zh:陳進興 (台灣罪犯)) but also a Taiwanese statesman (:zh:陳進興 (台灣政治人物)).
  5. Having special reasons, which is limited to twice in one's lifetime, while the second given name change of this type may not be done before adulthood.

Philippines

2001 RA 9048 amends Articles 376 and 412 of the Civil Code of the Philippines
Civil Code of the Philippines
The Civil Code of the Philippines is the product of the codification of private law in the Philippines. It is the general law that governs family and property relations in 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. http://www.census.gov.ph/data/civilreg/irr_ra9048.html It authorizes the city or municipal civil registrar or the consul general to correct a clerical or typographical error in an entry and/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
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...

 jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...

 requires full-blown court lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...

, that must include the local civil registrar in the petition, since RA 9048 and Rule 108 (Cancellation or correction of entries in the Civil Registry) http://www.chanrobles.com/rulesofcourtspecialproceedings.htm#RULE%20108 of the Rules of Court, do not allow the change of gender in a birth certificate. The only landmark case in the Philippines on name and gender legal change is the Jeff case.

The Supreme Court of the Philippines
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...

 Justice Leonardo Quisumbing
Leonardo Quisumbing
Leonardo A. Quisumbing was an Associate Justice of the Supreme Court of the Philippines. He was appointed by President Fidel Ramos in 1998 and retired as the most senior Associate Justice of the Court on his 70th birthday in 2009....

 on September 12, 2008, allowed Jeff Cagandahan, 27, who has congenital adrenal hyperplasia
Congenital adrenal hyperplasia
Congenital adrenal hyperplasia refers to any of several autosomal recessive diseases resulting from mutations of genes for enzymes mediating the biochemical steps of production of cortisol from cholesterol by the adrenal glands ....

, to change his birth certificate
Birth certificate
A birth certificate is a vital record that documents the birth of a child. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensuing registration of that birth...

 name from Jennifer to Jeff, and his gender from female to male.

Name change on religious conversion

Adherents of various religions change their name upon conversion
Religious conversion
Religious conversion is the adoption of a new religion that differs from the convert's previous religion. Changing from one denomination to another within the same religion is usually described as reaffiliation rather than conversion.People convert to a different religion for various reasons,...

 or confirmation. The name adopted may not have any legal status but will represent their adopted religious beliefs.

Christianity

  • It has been historical Christian practice to adopt a name on baptism
    Baptism
    In Christianity, baptism is for the majority the rite of admission , almost invariably with the use of water, into the Christian Church generally and also membership of a particular church tradition...

     and/or confirmation. This is still practiced by Eastern Orthodox and some traditional Roman Catholics
    Roman Catholic Church
    The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...

    . Persons entering a religious order
    Religious order
    A religious order is a lineage of communities and organizations of people who live in some way set apart from society in accordance with their specific religious devotion, usually characterized by the principles of its founder's religious practice. The order is composed of initiates and, in some...

     customary choose a name in religion. Eastern Orthodox monastics are usually given the name of a prophet or a monastic saint.

Judaism

  • Jewish people in the Diaspora sometimes give their children two names: a secular name for everyday use and a Hebrew name for religious purposes. Converts to Judaism
    Conversion to Judaism
    Conversion to Judaism is a formal act undertaken by a non-Jewish person who wishes to be recognised as a full member of the Jewish community. A Jewish conversion is both a religious act and an expression of association with the Jewish people...

     choose a Hebrew name. Full Jewish names include a patronym: converts take the patronym "ben/bat Avraham Avinu" (son/daughter of Our Father Abraham) as converts are held to be spiritual descendants of Abraham
    Abraham
    Abraham , whose birth name was Abram, is the eponym of the Abrahamic religions, among which are Judaism, Christianity and Islam...

    , the forebear of Jews.

Islam

  • Converts to Islamic faith may choose a new name. Boxer Cassius Clay's adoption of the name Muhammad Ali
    Muhammad Ali
    Muhammad Ali is an American former professional boxer, philanthropist and social activist...

     is a well-known example, as is Cat Stevens' change to Yusuf Islam and Malcolm Little's adoption of the name Malcolm X
    Malcolm X
    Malcolm X , born Malcolm Little and also known as El-Hajj Malik El-Shabazz , was an African American Muslim minister and human rights activist. To his admirers he was a courageous advocate for the rights of African Americans, a man who indicted white America in the harshest terms for its...

     and later El-Hajj Malik El-Shabazz. On the other hand, a convert may choose to keep his or her name, as did Dave Chappelle
    Dave Chappelle
    David Khari Webber "Dave" Chappelle is an American comedian, screenwriter, television/film producer, actor, and artist. Chappelle began his film career in the film Robin Hood: Men in Tights in 1993 and continued to star in minor roles in the films The Nutty Professor, Con Air, and Blue Streak. His...

    .
  • Women do not normally take the husband's surname as their own. Their maiden name continues to be their surname even after marriage. Although, many are adopting the Western custom of taking their husband's surname as their own.

Hinduism

  • Generally Hindus are given name according to their birth charts by local priests who are expert in Vedic astrology and Vedic rituals. Gaudiya Vaishnavas, most notably the Hare Krishnas, are given a spiritual name by their guru upon diksha
    Diksha
    Diksa also spelled deeksha or deeksa in common usage, translated as a "preparation or consecration for a religious ceremony", is giving of a mantra or an initiation by the guru in Indian religions such as Hinduism, Buddhism, and Jainism...

     (initiation). This name is a Vaishnava name (a name relating to Lord Krishna/Vishnu
    Vishnu
    Vishnu is the Supreme god in the Vaishnavite tradition of Hinduism. Smarta followers of Adi Shankara, among others, venerate Vishnu as one of the five primary forms of God....

     or a Gaudiya Vaishnava saint), and is followed by "Dasa" for men and "Dasi" for women (both terms mean "servant"). Such a name generally begins with the same letter as their given name, but not always.

Buddhism

  • Individuals who attend a ceremony to officially become Buddhists are usually given a new "Dharma name
    Dharma name
    A Dharma name is a new name acquired during a Buddhist initiation ritual in Mahayana Buddhism and monk ordination in Theravada Buddhism. The name is traditionally given by a Buddhist monastic, but is also given to newly ordained monks, nuns and laity....

    ", which marks their "taking refuge
    Refuge (Buddhism)
    Buddhists "take refuge" in, or to "go for refuge" to, the Three Jewels . This can be done formally in lay and monastic ordination ceremonies.The Three Jewels general signification is: * the Buddha;* the Dharma, the teachings;...

    ".

Sikhism

  • Those in the Sikh
    Sikh
    A Sikh is a follower of Sikhism. It primarily originated in the 15th century in the Punjab region of South Asia. The term "Sikh" has its origin in Sanskrit term शिष्य , meaning "disciple, student" or शिक्ष , meaning "instruction"...

     faith adopt a new last name upon baptism into the Khalsa
    Khalsa
    +YouWebImagesVideosMapsNewsMailMoreTranslateFrom: ArabicTo: EnglishEnglishHindiEnglishAllow phonetic typingHindiEnglishArabicAssumptionGoogle Translate for Business:Translator ToolkitWebsite TranslatorGlobal Market Finder...

    . Men adopt the last name Singh
    Singh
    Also see SinhaSingh is a common title, middle name, or surname in Northern India and South India used by sikhs warriors and kings. eg. Man Singh I, Maharana Pratap Singh. It is derived from the Sanskrit word Siṃha meaning "lion and used by Ahir kings of Nepal". It is also used in Sri Lanka by...

    , while women adopt the last name Kaur
    Kaur
    Kaur in Sikhism is a mandatory middle name for female Sikhs.-History:Kaur is a name used by Sikh women either as the middle name, or as a last name. It cannot be regarded as a true surname or family name...

    .
  • The Sikhs adopted the name Singh in 1699 during the Birth of the Khalsa.

Paganism

  • Persons of Pagan and Neopagan faiths; including, but not limited to, Wicca
    Wicca
    Wicca , is a modern Pagan religious movement. Developing in England in the first half of the 20th century, Wicca was popularised in the 1950s and early 1960s by a Wiccan High Priest named Gerald Gardner, who at the time called it the "witch cult" and "witchcraft," and its adherents "the Wica."...

    ; also often take new names. The reasons and considerations of names for Pagans of many traditions are as varied as the number of traditions and the numbers of Pagans. Some believe that their "new" name is not really new at all, but simply a revealed existing name. Others believe that using their name publicly is powerful, and there is no need to hide one's name. Quite often the name will reflect the path of the Pagan and may include descriptions of their personality
    Personality psychology
    Personality psychology is a branch of psychology that studies personality and individual differences. Its areas of focus include:* Constructing a coherent picture of the individual and his or her major psychological processes...

    , animal totem
    Totem
    A totem is a stipulated ancestor of a group of people, such as a family, clan, group, lineage, or tribe.Totems support larger groups than the individual person. In kinship and descent, if the apical ancestor of a clan is nonhuman, it is called a totem...

    , plant totems, tribe
    Tribe
    A tribe, viewed historically or developmentally, consists of a social group existing before the development of, or outside of, states.Many anthropologists use the term tribal society to refer to societies organized largely on the basis of kinship, especially corporate descent groups .Some theorists...

    , and history.

See also

  • Family name
    Family name
    A family name is a type of surname and part of a person's name indicating the family to which the person belongs. The use of family names is widespread in cultures around the world...

    , including Patrilineal surnames.
  • Given Name
    Given name
    A given name, in Western contexts often referred to as a first name, is a personal name that specifies and differentiates between members of a group of individuals, especially in a family, all of whose members usually share the same family name...

  • Hornsleth Village Project
    Hornsleth Village Project
    The Hornsleth Village Project is a controversial conceptual art project by Danish artist Kristian von Hornsleth in which he went to the Ugandan village of Buteyongera and paid impoverished villagers to legally change their names to "Hornsleth". In exchange for consenting to have "Hornsleth" added...

  • Legal aspects of transsexualism
    Legal aspects of transsexualism
    Transsexual people are those who establish a permanent identity with the gender opposite to the gender identified at birth. As most legal jurisdictions have at least some recognition of the two traditional genders at the exclusion of other categories, this raises many legal issues and aspects of...

     for information about name change for transgender and transsexual people
  • Married and maiden names
    Married and maiden names
    A married name is the family name adopted by a person upon marriage. When a person assumes the family name of her spouse, the new name replaces the maiden name....

  • Matriname
    Matriname
    Matrilineal surnames, or equivalently matrinames, are inherited or handed down from mother to daughter in matrilineal cultures, and this line of descent or "mother line" is called a matriline...

  • Nickname
    Nickname
    A nickname is "a usually familiar or humorous but sometimes pointed or cruel name given to a person or place, as a supposedly appropriate replacement for or addition to the proper name.", or a name similar in origin and pronunciation from the original name....

  • Pseudonym
    Pseudonym
    A pseudonym is a name that a person assumes for a particular purpose and that differs from his or her original orthonym...

  • Religious conversion
    Religious conversion
    Religious conversion is the adoption of a new religion that differs from the convert's previous religion. Changing from one denomination to another within the same religion is usually described as reaffiliation rather than conversion.People convert to a different religion for various reasons,...

  • Witness protection
    Witness protection
    Witness protection is protection of a threatened witness or any person involved in the justice system, including defendants and other clients, before, during and after a trial, usually by police...

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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