FAMILY LAW FACT SHEET

Parenting After Separation

The purpose of this series of fact sheets is to
Changing the provide information on some issues related to

Last Name of a Child

parenting after separation. This particular fact
sheet offers information about changing the
surname of a child.

When a child is born, parents must

choose a last name (also called a
surname) for the child and register the
birth. The child’s surname may be the
mother’s, the father’s or a combination
of the parents’ names. For various
reasons, such as remarriage or
separation, one or both parents may
wonder about changing the child’s
name. This fact sheet discusses how
to change a child’s name, and the
implications of such a change.

Can I change my child’s surname?

A parent or guardian with legal ▪ Your name and the date and place Is there any way I can change my
custody of a child can apply to have of your birth, child’s name without the child’s
a child’s name changed if the child ▪ The names and addresses of the other parent’s consent? What can
has resided in New Brunswick for child’s other parent(s) I do if the Registrar General won’t
a minimum of three months. The
▪ All addresses for yourself and the proceed with my application to
consent of both biological parents
child in the last 12 months change my child’s name because I
is normally required. If the child is
12 years of age or older, the child couldn’t get consent?
▪ A statement that sets out your
must also give written consent to a relationship to the child If a parent of the child does not consent
change of his or her name. to the name change, the Registrar
▪ The reason you are making the
General cannot proceed with the
How do I apply to change my application,
application.
child’s name? ▪ A declaration by a sponsor who has
You must file a Notice of Application
You must submit an application known you at least two years and
to the court for the change of name
to the Registrar General of Vital can identify both you and the child
within 90 days of receiving notice
Statistics. To request an application, ▪ If the child is 12 years or more, a that the Registrar General was unable
and the necessary consent forms, written consent to the application to proceed with your application.
contact the Vital Statistics Office witnessed by a lawyer or authorized You must also serve the Notice of
by calling (506) 453-2385. The cleric Application on the Registrar General
information you need to include in
▪ A consent form signed by the child’s and the child’s other parent(s).
your application is:
other parent(s) You will have to go to court. After
▪ Your child’s registered name and
If you do not include the proper both parents have an opportunity to be
proposed name,
consent forms signed by the child’s heard, a judge will decide if the name
▪ A certified copy of the child’s birth other parent(s) with your application, change is in the best interest of the
registration the Registrar General can refuse your child.
application.

[Link]
Changing the Last Name of a Child
What can I do if my application to Where can I find more information on
change my child’s name is refused changing a child’s name?
by the Registrar General for a See the Service New Brunswick booklet,
reason other than consent? “Changing Your Name,” and page 11
The Registrar may also refuse an of our pamphlet: Parenting, Rights and
application for name change for other Responsibilities of Young Parents.
reasons, such as the chosen name Or contact Vital Statistics at (506) 453-2385.
does not comply with requirements
or a decision that the name change is
not in the best interest of the child.
If the Registrar refuses your
application, you can make an appeal
to the courts within 30 days and ask a
judge to decide.

If your name is not on the child’s My child’s custodial parent has

birth certificate… changed our child’s last name.
If your name is not on the child’s Does that change my parental
birth certificate, your child’s birth rights and obligations?
Can I stop my child’s other parent parent can apply to change the child’s No. Your child’s change of name does
from changing our child’s name? name without your consent. not affect your parental rights and
If your name is on the child’s birth If the birth parent excluded you from obligations. Your obligation to pay
certificate… signing the birth certificate when the child support and your access and
child was born, you can ask the Court custody arrangement will continue
If your name is on the child’s birth in the same way as before the name
for an order to register your name
certificate, the Registrar General change. For more information, see
and particulars on the birth registry.
requires your consent before our fact sheet “Ending Parental
A paternity test may be required.
changing the name of the child. Obligations.”
Your name would be registered on
If your child’s other parent does not the birth certificate as soon as the
have your consent, he or she will have Court sends a certified copy of the
to serve you a Notice of Application. order to the Register General.
You have 30 days from the time you
If your name is not yet on the
are served notice to object to the
birth certificate, but you know an
change of name in writing to the
application to change the child’s
Registrar General.
name has already been filed, you can
Once you have made your objection, object to the application in writing This is general information about
the Registrar General cannot go within 14 days of the application the law and laws change from time
through with the change of name, being filed. You must establish to the to time. Anyone requiring advice on
and the parent requesting to change satisfaction of the Registrar General their specific situation should consult a
the name of the child will have to file that you have a substantial interest lawyer. If you have questions on your
the application with the court. If the in the application to change the options call the toll-free Family Law
other parent does apply to the court, registered surname of the child. Information Line at:
you will be given an opportunity to
explain to the judge why you don’t
think the change of name is in the 1-888-236-2444
best interest of the child. info@[Link]

PLEIS-NB is a registered charity dedicated to educating the public about the

Public Legal Education law. PLEIS-NB receives funding and in-kind support from Justice Canada, the
March 2018

and Information Service New Brunswick Law Foundation and the Office of the Attorney General of
of New Brunswick New Brunswick. Financial assistance for this fact sheet project was provided by
Justice Canada’s “Canada Family Justice Fund”.