Name change

People whose births are registered in England and Wales may, but are under no obligation, to have their deed poll enrolled at the Royal Courts of Justice in London.[9][7] See also College of Arms#Change of names.

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.[10] There is also an alternative 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.[11]

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.[12]

Well known examples are:

• Russell to Gorges (14th century). Ralph IV Gorges, 2nd Baron Gorges, died without issue in 1331. In an effort to preserve his family name and arms he made one of his younger nephews his heir, on condition that he should adopt the name and arms of Gorges. This nephew was William Russell, the second son of his second sister Eleanor de Gorges who had married Sir Theobald Russell (d.1341) of Kingston Russell, Dorset. The event is referred to in one of the earliest heraldic law cases brought concerning English armory, Warbelton v Gorges in 1347.
• Smithson to Percy (18th century). Sir Hugh Smithson, 4th Baronet (1715–1786) in 1740 married Lady Elizabeth Seymour, daughter and sole heiress of Algernon Seymour, 7th Duke of Somerset, and granddaughter of Lady Elizabeth Percy (d.1722), daughter and sole heiress of Josceline Percy, 11th Earl of Northumberland (1644–1670). In 1740, by a private Act of Parliament,[13] Smithson changed his surname to Percy and inherited the title Earl of Northumberland and was later created Duke of Northumberland.

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.

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.

A common law name (i.e. one assumed without formality and for a non-fraudulent purpose) is a legal name.[31] In most states, a statutory method, while quick and definitive, only supplements the common law method,[32] unless the statute makes itself exclusive. A person may sue under a common law name.[33]

In California 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.[34] 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 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. (Family Code § 2082 also contains some of the same wording.)

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.[35][36]

The legal name change process is usually different from simple usage and 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[37] (generally following statutory law, not common law),[38] Bureau of Consular Affairs[39] (for passports),[40] the Federal Communications Commission,[41] the Selective Service System[42] and the Department of Motor Vehicles (for a new driver's license, learner permit, state identification card, or vehicular registration). 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 (DMVs) 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:

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.[58]

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.[59]

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 (typically that of the father's), USCIS forces them to revert to both surnames, creating a discrepancy in matters such as academic records and credit ratings.[60]

A Certificate of Change of Name issued by Western 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".[61] Exceptions exist for some states such as restricted persons (e.g. jail inmate)[62] and in some states, changes may only be made once a year.[63] A state/territory's RBDM typically 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 interstate must typically apply to the Registry of Births, Deaths, and Marriages (RBDM) of their birth jurisdiction for a change of name, though there are exceptions.[61]

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, 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.[64]

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(s) must be made with a deed poll.

In the Republic of Ireland, a person earns their name by "use and repute".[65] For most purposes it is enough to simply use the desired name and ask others to call you by that name.[65] This was the traditional practice for a bride adopting her husband's surname.[65] A change of name deed poll is not required, but provides documentary evidence of a name change.[65] Resident non-EU nationals must apply to the Irish Naturalisation and Immigration Service for a deed poll.[65] The deed poll requires a witness affidavit, and may optionally be enrolled in the High Court upon payment of stamp duty.[65] An enrolled deed poll is required for some administrative name changes, such as on a driving licence[65] or when changing legal gender.[66]

There is a second option using an 'unenrolled' deed poll, this is a regular deed poll that is signed by yourself in the presence of a witness over 18. This can be used to update your name in banks, schools and other non-governmental institutions. This is the long process as the Irish Passport Office[67] and NDLS[68] require two years of 'proof of usage' e.g bank statements in your new name dating back two years in order to change your name in comparison to a registered deed poll which allows you to change your name in the NDLS instantly along with DESAP.[69]

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 (Identity Services). Prior to September 1995, they changed their name by deed poll.[70]

Changes in law Aug 2018 changes first name and fee will fall under the authority of local town hall[71] 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 their integration in Belgian society
• A person stuck with a ridiculous last name that is causing them great embarrassment or emotional distress. Actual examples: Salami, Naaktgeboren ("born naked"), and Clooten ("sods of earth" in Middle Dutch, but "testicles" in modern Dutch)
• (for minor children) following legal adoption or recognition of paternity[72]

In Brazil, legal name changes are regulated by the Public Records Act (Law No. 6,015/1973)[73] and can be requested by any person registered on a Brazilian civil registry office, through a court order or directly on a civil registry office, depending on the case.

People over the age of majority (18 years[74]) may change their given names without specifying a reason. The change of given name directly on a civil registry office can be done only once, and to revert the change, a court order is required.

A person's surnames can be changed directly on a civil registry office, in the following circumstances:

• inclusion of family surnames;
• inclusion of the spouse's or partner's surname following marriage or stable union;
• exclusion of the spouse's or partner's surname following divorce or extinction of a stable union;
• inclusion or exclusion of surnames following change of filiation;
• for stepchildren, the inclusion of the surname of the stepmother or stepfather, as long as there are justifiable reasons and consent from the stepparent whose surname is being included.

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.[75] 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 it 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 the 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.[76] After submission of application one can download the same from their website.[77]

While name changes due to marriages performed in the Netherlands cannot be processed, it is certainly possible in the Netherlands to process name changes due to marriages performed outside the Netherlands, provided certain conditions are met: the marriage must be registered abroad, the application for name change abroad must be requested on the same date as the marriage date, the changed name must be recorded abroad on a certificate in accordance with the local rules of the foreign country, and the marriage and name change as well as proof of application as of the date of the marriage must be legalized/apostilled and provided to the Dutch consulate or Dutch municipality upon return to the Netherlands.

The reason is that international marriages are not necessarily governed by Dutch Law but by Private International Law which is codified in the Netherlands in the "Commoner's Law Book" (Burgerlijk Wetboek) Book No. 10, Private International Law, Title 2 – The Name, Article 24.

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 (Christian) 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 (fylkesmann). 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 (providing that the surname chosen is not in use or is not used by fewer than 200 persons) to the local authorities for the purposes of election rosters and census counts; there is no longer an application process.

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.[78] 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.[79][80]

The first name or nickname on the civil register may be changed under any of the following circumstances:[80]

• when the first name or nickname on the civil register is ridiculous, tainted with dishonor or extremely difficult to pronounce;
• when the new first name or nickname has been used habitually and continuously by the applicant and they have been publicly known by the new first name or nickname in the community; or
• when the change will avoid confusion.

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 (Cancellation or correction of entries in the Civil Registry) of the Rules of Court do not allow the change of sex in a birth certificate.[81]

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 to read Jeff, and his legal gender to male.[82][83][84]

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 (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. 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.[85]

In Switzerland, a name change requires the approval of the respective Cantonal government, if there are important reasons (wichtige Gründe / justes motifs) 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.

Wikibooks has a book on the topic of: Annotated Republic of China Laws/Name Act

In Taiwan, the Name Act bans changing one's legal name for some criminal reasons per Article 15 since 2015 (Article 12 since 2001). Otherwise, one may change the surname, given name, or both per Article 8, 9, or 10 since 2015 (Article 5, 6, or 7 since 1953, or Article 6, 7, or 8 since 2001).

Changing the given name is allowed if:[86]

• Having the same name when serving or studying in the same institution or school.
• Since 1983, having the same given name as one's parent, grandparent, or great-grandparent.[87]
• Having the same name as someone else who lives in the same county or city and having lived there for at least 6 months.
• Having the same name as a wanted criminal, for example 陳進興 (Chén Jìnxīng), 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 (Chen Chin-hsing).
• Since 2015, acknowledgement by father or adoption starts or ends.
• Having special reasons,[88] which is limited to thrice since 2015 (twice since 2001) in one's lifetime, while the second given name change of this type requires the age of majority.[89]

Diplomas, work experience documents, licenses, permits, and other such documents shall use a person's legal name to avoid being deemed invalid,[90] 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.[91]

Wikibooks has a book on the topic of: Annotated Republic of China Laws/Passport Act/2015

Taiwan passports are to be replaced after having changed the names.[92]

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.[93]

Wikibooks has a book on the topic of: Annotated Republic of China Regulations/Enforcement Rules of the Name Act

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,[94] 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.[95]

• Individuals who attend a ceremony to officially become Buddhists are usually given a new "Dharma name", which marks their "taking refuge".

• It has been historical Christian practice to adopt a name on baptism or (in some countries) confirmation.[97]
• The customary practice whereby persons entering a religious institute take on a name in religion is still observed by Eastern Orthodox and some traditional Roman Catholics. Eastern Orthodox monastics are usually given the name of a prophet or a monastic saint.
• Popes take a papal name upon their accession to office; for example, Jorge M. Bergoglio adopted the name Francis.

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

• Converts to Islamic faith may choose a new name; although it is not required, it may in some cases be preferable for personal reasons or because the name is of uncertain Islamicity (e.g. the person converting has a theophoric name in another religion, such as Christopher or Ganesh). Boxer Cassius Clay's adoption of the name Muhammad Ali is a well-known example, as is Cat Stevens' change to Yusuf Islam and Malcolm Little's adoption of the name Malcolm X and later El-Hajj Malik El-Shabazz. On the other hand, converts may choose to keep their names, as did Dave Chappelle.
• Women do not normally take their husbands' surnames as their own. Their maiden name continues to be their surname even after marriage. Sometimes their husbands first name becomes their surname, similar to the case of surname chains indicating someone's chain of fathers.
• In Islamic tradition, there are two kinds of surname:
  • The first kind comes from the father's first name, which means that the particular person is the child of. For example, a name such as ibn Abdullah means "son of Abdullah", or bint Abdullah means "daughter of Abdullah". Father descendant names can be chained, meaning that an individual can have the name of their father, followed by their paternal grandfather, followed by the father of that grandfather, to indicate a patrilineal lineage.
  • The second kind is associated with clan, tribal or ethnic affiliation and is also solely dependent on the person's patrilineal line. In Islamic family law, the individual is required to keep the clan, tribal or ethnic affiliation of their father where it is known, whether the child be illegitimate, staying with their mother after divorce or adopted.
• The last name cannot be changed in such a way as to reflect a heritage that is not that of one's biological father.

• 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 choose a Hebrew name.[98] 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, the forebear of Jews.

• Those in the Sikh faith adopt a new last name upon baptism into the Khalsa. Men adopt the last name Singh, while women adopt the last name Kaur.
• The Sikhs adopted the name Singh in 1699 during the Birth of the Khalsa.

• Some Wiccans have a craft name that is used during coven gatherings and rituals.