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Law Maven
Law Maven, Lawyer
Category: Canada Law
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Experience:  Lawyer & Instructor at Algonquin Careers Academy
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My son does not have his biological father's surname......Can

Customer Question

My son does not have his biological father's surname......Can I change it....My son is 18 and has my husband's surname who is not his father
Submitted: 1 year ago.
Category: Canada Law
Expert:  Law Maven replied 1 year ago.
Hello – my name is***** am a Canadian lawyer, and I’ll be happy to help with your question today. There are two issues involved in answering this: 1) would you need the consent of another adult to the name change? and2) would you have the power to make the change or would it be up to the child himself? 1) If you have sole custody, you can change your child's name without the other parent's permission. If you have joint custody, or if the step-parent has adopted the child, then you would need either the joint-custodial parent's consent, or the adoptive parent's consent. 2) In most provinces the age of majority is 18, and children may have the ability to make independent decisions as early as 16 (in Ontario, for instance). Once a person reaches the age of majority it is up to them to handle their own legal business. If your son is already considered to have reached the age of majority it would be up to him to make the application to change his own name. If you live in a province where a child reaches majority at 19 or older (Newfoundland for instance), then you could start an application for your child's name change, and as long as it is completed before he reaches 19 it would be okay. I hope I have fully answered your question, but please do not hesitate to ask for more information if needed. When you are satisfied with the answer, kindly provide me a positive rating so I can receive credit for my answer. My answer here contains only general legal information and not legal advice. No solicitor/client relationship has been created by this communication.

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