Changing a Child’s Last Name

When a child is born, parents must choose a last name (also called a surname) and register the child’s birth. The child’s surname may be either parents’, or a combination of both parents’ names. For various reasons, such as remarriage or separation, one or both parents may wish to change the child’s name.

A parent or guardian with decision-making responsibility for a child may apply to have the child’s name changed if the child has lived in Brunswick for at least three months. The application normally requires the consent of any other person parenting the child. This includes parents listed on the child’s birth certificate (for an adoptive child, this means the adoptive parent(s)), and anyone who has acted as a parent, such as a step-parent. The child must also give written consent if they are 12 years of age or older.

You must submit an application to the Registrar General of Vital Statistics. A template of the application is available on the Service New Brunswick website. To request an application and the necessary consent forms, contact Vital Statistics Office by calling (506) 453-2385.

As you complete the form, you will be asked to provide:

  • Your child’s registered name and proposed name,
  • Your name, and the date and place of your birth,
  • The names and addresses of your child’s other parent(s),
  • All addresses for you and your child from the last 12 months,
  • A statement explaining your relationship with the child,
  • The reason you are making the application,
  • A declaration by a sponsor who has known you at least two years and can identify both you and your child,
  • If your child is 12 years or older, your child’s written consent witnessed by:
    • A person authorised to perform marriages in New Brunswick – this includes a civil officiant, a court clerk, and some religious leaders, or
    • A health professional, including doctors and psychologists
  • The child’s other parent(s)’ signed consent

If you do not include the proper consent from the child’s other parent(s), the Registrar General may refuse your application.

Other documents you might need to send along with your application depend on where your child was born.

If your child was born in Canada, you must also include:

  • All original birth certificates
  • If your child was born in New Brunswick, you must include a long form birth certificate. If you do not have a long form birth certificate, you may pay an additional $45 fee, for Service New Brunswick to get one to add to your file.
  • If you do not have a birth certificate and your child was NOT born in New Brunswick, you must apply for a long form birth certificate from the province/territory where the child was born. You will have to submit the long form certificate with your application.
  • If you have previously changed your child’s last name, you must return any original documents you received when the change was approved. This includes things like a “Certificate of Change of Registered Name” or Court Order

If your child was born outside of Canada and is a Canadian citizen, you must also include:

  • A photocopy of both sides of the child’s Canadian Citizenship Card
  • A photocopy of:
    • the child’s original birth certificate
      or
    • a certified copy of birth registration from the country the child was born in.
  • A photocopy of your child’s current passport

If the child’s birth certificate was issued in a language other than French or English, you will need to provide a stamped or sealed translation completed by a qualified, impartial translator.

If your child is a landed immigrant/permanent resident, you must provide:

  • A photocopy of the child’s Canadian Record of Immigration Landing or Confirmation of Permanent Residence document
  • A photocopy of both sides of the child’s Permanent Residence Card
  • A photocopy of:
    • The child’s original birth certificate
      or
    • A certified copy of the child’s birth registration from the country they were born in.
  • A photocopy of your child’s current passport

If the birth certificate was issued in a language other than French or English, you will need to provide a stamped or sealed translation completed by a qualified, impartial translator.

If the child was born outside of Canada and you cannot get a copy of the birth certificate from their birth country, include a written letter explaining why you could not get it.

You must disclose any ongoing legal matters dealing with parenting or decision-making responsibility for your child. If you have a parenting order in place, you should include it with your application.

You may have to provide other information during the application process. Photocopies are usually acceptable, but Vital Statistics may request original or certified copies.

If one of the child’s parents does not consent to the name change, the Registrar General cannot proceed with the application.

To change a child’s name when one parent does not agree, you must file a Notice of Application with the court. You must file your application for the change of name within 90 days of receiving notice that the Registrar General was unable to proceed with your application. You must also serve the Notice of Application on the Registrar General and your child’s other parents.

Both parents will then have to go to court. After both parents have an opportunity to be heard, a judge will decide if the name change is in the best interest of the child.

The Registrar may also refuse an application for name change for reasons other than lack of parental consent. For example, there are rules for valid names in New Brunswick, or the Registrar may decide the name change is not in the child’s best interests.

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 on the birth certificate

If your name is on your child’s birth certificate, the other parent must give you formal notice before applying to change the child’s name.

If you want to stop the name change, you have 30 days after receiving the notice to send a written objection to the Registrar General. The Registrar will consider your objection before deciding whether to approve the name change. If the Registrar decides to allow the name change despite your objection, you can apply to the court and ask a judge to review that decision.

If your name is not on the birth certificate

If your name is not on the child’s birth certificate, your child’s birth parent can apply to change the child’s name without your consent.

If the birth parent excluded you from the birth certificate when the child was born, you can ask the court for an order to add your name to the birth registry. The court may request a paternity test.

If your name is not yet on the birth certificate, but you know an application to change the child’s name has already been filed, you can object to the application in writing within 14 days of the application being filed. You must show the registrar General why you have a good reason to be involved in the decision. If the Registrar decides to allow the name change despite your objection, you can apply to the court within 30 days and ask a judge to review that decision.

Your child’s name change does not affect your parental rights and obligations. Your obligation to pay child support and your access to parenting time will not change just because the child’s name has changed.