Legal name

Last updated

A legal name is the name that identifies a person for legal, administrative and other official purposes. A person's legal birth name generally is the name of the person that was given for the purpose of registration of the birth and which then appears on a birth certificate (see birth name ), but may change subsequently. Most jurisdictions require the use of a legal name for all legal and administrative purposes, and some jurisdictions permit or require a name change to be recorded at marriage. The legal name may need to be used on various government issued documents (e.g., a court order). The term is also used when an individual changes their name, typically after reaching a certain legal age (usually eighteen or over, though it can be as low as fourteen in several European nations).

Contents

A person's legal name typically is the same as their personal name, comprising a given name and a surname. The order varies according to culture and country. There are also country-by-country differences on changes of legal names by marriage. (See married name .)

Most countries require by law the registration of a name for newborn children, and some can refuse registration of "undesirable" names. In 1991, a Swedish couple refused to give their newborn a legal name, in protest of existing naming laws. In 1996, they were fined for not registering a name for their child for five years, after they unsuccessfully tried to register the child's name as Brfxxccxxmnpcccclllmmnprxvclmnckssqlbb11116, [1] and then as "A".

Jurisdiction by country

Canada

Quebec

The Civil Code of Quebec states that "Every person exercises his civil rights under the name assigned to him and stated in his act of birth," [2] and spouses retain their legal names upon marriage. [3] However, a woman married prior to April 2, 1981 is entitled to use her spouse's name in the exercise of her civil rights, provided that they were doing so at that date. [4] [5] A person's legal name can be changed, upon registration, only under prescribed conditions, and only where the person has been domiciled in Quebec for at least one year. [6] [7] [8]

Germany

In Germany, names are regulated to a large extent. Apart from possibly adopting the partner's name upon marriage, German citizens may only change their name for a recognised important reason. Among other reasons, a change of names is permitted when the name can give rise to confusion, ridicule, unusual orthographic difficulties, or stigmatization. In certain situations, children's last names may also be changed to their natural, foster or adoptive parent's last name. Transgender people may change their first names. Foreign names in writing systems that are not based on Latin are transliterated according to rules which may conflict with the system of transcribing or transliterating names that is used in the country of origin. Former titles of nobility became integrated into the last names in 1919 but continue to be adapted according to gender and other circumstances. [9]

United Kingdom

In the UK, businesses that trade under names other than those of the owner or a corporate entity must display the name of owner and an address at which documents may be served, or the name and registered number of the corporate body and its registered address. The requirements apply to sole traders and partnerships, but there are special provisions for large partnerships where listing all partners would be onerous.

The information must be shown on any trading premises where the public have access to trade and in documents such as order forms, receipts and, as of January 2007, corporate websites (to be extended later in 2007 to sole trader websites).

England and Wales

In strict English law, if there is such a thing as a "legal " surname, it is easily changed. In the words of A dictionary of American and English law, "Any one may take on himself whatever surname or as many surnames as he pleases, without statutory licence". [10] This does not always seem to have applied to names given in baptism. As noted by Sir Edward Coke in Institutes of the Lawes of England , "a man may have divers names at divers times, but not divers Christian names." [11] But in modern practice all names are freely changeable. [12]

Changes of name are usually effected through deed poll, optionally enrolled either at the High Court of Justice [13] or at the College of Arms, [14] with a notice recorded in The London Gazette . Changes may also be made by means of a Royal Licence obtained through the College of Arms, with similar notice. [14] These enrolment, licence and notice procedures are useful for having the new name appear in official documents; [15] these procedures are therefore less likely to be useful for trans people or victims of abuse. [16]

Scotland

Scots law allows anyone who wishes to do so to change their forename(s) or surname and such changes may be recorded in the official register held by the National Records of Scotland. Technically the Registrar General makes a correction to the entry. [17] A correction can be recorded where a birth has been registered in Scotland, or where a person is the subject in Scotland of an entry in the Adopted Children Register, the Parental Order Register or the Gender Recognition Register. [18] The above formalities are not necessary where a spouse/partner assumes the other spouse/partner's surname upon marriage or civil partnership, or reverts to their original name upon separation, divorce or dissolution of the civil partnership. [19]

Only one change of name is allowed in the register where a person has not yet reached the age of 16, and afterwards only one change of forename and three changes of surname may be granted during a person's lifetime, provided that at least five years have passed between changes of surname. [18] Name changes may also be recorded where:

  • a decree or certificate has been granted by the Lord Lyon King of Arms,
  • a certified copy of a will, settlement or deed of trust is produced, containing a condition that the person concerned takes a name different from his or her registered name, or
  • an alternative forename or surname is used where the registered name is not in an English-language form. [18]

Northern Ireland

Anyone born or adopted in Northern Ireland is able to change their name with the General Register Office of Northern Ireland in the following circumstances: [20]

  • a child's birth registration can be re-registered where its parents have subsequently married, or where a father that had not previously been identified is subsequently entered (whether by declaration, agreement or court order);
  • a child's name can be changed once, before the age of 18, upon application by the parents (or adoptive parents, or guardian where the parents are deceased, as the case may be);
  • a person aged 18 or over may apply to register one change of forename and three changes of surname during that person's lifetime, provided that at least five years have passed between changes of surname.

A deed poll can also be used in Northern Ireland for this purpose. [20]

United States

Most states in the United States follow the common law which permits name changing for non-fraudulent purposes. This is actually the most common method, since most women who marry do not petition a court under the statutorily prescribed method, but simply use a new name (typically the husband's, a custom which started under the theory of coverture where a woman lost her identity and most rights when she married). [21]

Most state courts have held that a legally assumed name (i.e., for a non-fraudulent purpose) is a legal name and usable as their true name, though assumed names are often not considered the person's technically true name. [22]

See also

Related Research Articles

<span class="mw-page-title-main">Name change</span> Legal act by a person of adopting a different name

Name change is the legal act by a person of adopting a new name different from their current name.

When a person assumes the family name of their spouse, in some countries that name replaces the person's previous surname, which in the case of the wife is called the maiden name, whereas a married name is a family name or surname adopted upon marriage.

Common-law marriage, also known as non-ceremonial marriage, sui iuris marriage, informal marriage, de facto marriage, or marriage by habit and repute, is a legal marriage despite non-compliance with the requirements for a statutory marriage, at least in the jurisdictions where marriage can still be contracted this way.

A birth certificate is a vital record that documents the birth of a person. 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. Depending on the jurisdiction, a record of birth might or might not contain verification of the event by a healthcare professional such as a midwife or doctor.

Civil partnership in the United Kingdom is a form of civil union between couples open to both same-sex couples and opposite-sex couples. It was introduced via the Civil Partnership Act 2004 by the Labour government. The Act initially permitted only same-sex couples to form civil partnerships, but the law was expanded to include opposite-sex couples in 2019.

False titles of nobility or royal title scams are claimed titles of social rank that have been fabricated or assumed by an individual or family without recognition by the authorities of a country in which titles of nobility exist or once existed. They have received an increasing amount of press attention, as more schemes that purport to confer or sell such honorifics are promoted on the internet. Concern about the use of titles which lack legal standing or a basis in tradition has prompted increased vigilance and denunciation, although under English common law a person may choose to be known by any name they see fit as long as it is not done to "commit fraud or evade an obligation".

A double-barrelled name is a type of compound surname, typically featuring two words, often joined by a hyphen. Notable people with double-barrelled names include Winnie Madikizela-Mandela, Sacha Baron Cohen and JuJu Smith-Schuster.

<span class="mw-page-title-main">General Register Office for England and Wales</span> United Kingdom legislation

The General Register Office for England and Wales (GRO) is the section of the United Kingdom HM Passport Office responsible for the civil registration of births, adoptions, marriages, civil partnerships and deaths in England and Wales and for those same events outside the UK if they involve a UK citizen and qualify to be registered in various miscellaneous registers. With a small number of historic exceptions involving military personnel, it does not deal with records of such events occurring within the land or territorial waters of Scotland, Northern Ireland or the Republic of Ireland; those entities' registration systems have always been separate from England and Wales.

A parish register, alternatively known as a parochial register, is a handwritten volume, normally kept in the parish church of an ecclesiastical parish in which certain details of religious ceremonies marking major events such as baptisms, marriages, and burials are recorded. Along with these events, church goods, the parish's business, and notes on various happenings in the parish may also be recorded. These records exist in England because they were required by law and for the purpose of preventing bigamy and consanguineous marriage.

Civil registration is the system by which a government records the vital events of its citizens and residents. The resulting repository or database has different names in different countries and even in different subnational jurisdictions. It can be called a civil registry, civil register, vital records, and other terms, and the office responsible for receiving the registrations can be called a bureau of vital statistics, registry of vital records and statistics, registrar, registry, register, registry office, or population registry. The primary purpose of civil registration is to create a legal document that can be used to establish and protect the rights of individuals. A secondary purpose is to create a data source for the compilation of vital statistics.

A deed of change of name is a legal document used in the United Kingdom, Ireland and some other countries with legal systems based on English common law, to record an intended change of name by a person or family. It is one use of a deed poll.

<span class="mw-page-title-main">Belonger status</span> Legal status recognizing close ties to a specific territory

Belonger status is a legal classification normally associated with British Overseas Territories. It refers to people who have close ties to a specific territory, normally by birth or ancestry. The requirements for belonger status, and the rights that it confers, vary from territory to territory.

<span class="mw-page-title-main">General Register Office</span> Civil registries in Commonwealth-related nations

General Register Office or General Registry Office (GRO) is the name given to the civil registry in the United Kingdom, many other Commonwealth nations and Ireland. The GRO is the government agency responsible for the recording of vital records such as births, deaths, and marriages, which may also include adoptions, stillbirths, civil unions, etc., and historically, sometimes included records relating to deeds and other property transactions.

<span class="mw-page-title-main">Registers of Scotland</span>

Registers of Scotland (RoS) is the non-ministerial department of the Scottish Government responsible for compiling and maintaining records relating to property and other legal documents. They currently maintain 20 public registers. The official responsible with maintaining the Registers of Scotland is the Keeper of the Registers of Scotland. By ex officio, the Keeper of the Registers of Scotland is also the Deputy Keeper of the Great Seal of Scotland. The Keeper of the Registers of Scotland should not be confused with the Keeper of the Records of Scotland.

A marriage certificate is an official statement that two people are married. In most jurisdictions, a marriage certificate is issued by a government official only after the civil registration of the marriage.

Canadian naming conventions vary based on whether one is Indigenous, English Canadian, or French Canadian.

English names are personal names used in, or originating in, England. In England, as elsewhere in the English-speaking world, a complete name usually consists of one or more given names, commonly referred to as first names, and a family name or surname, also referred to as a last name. The given names after the first are often referred to as middle names.

Scottish surnames are surnames currently found in Scotland, or surnames that have a historical connection with the country.

National Records of Scotland is a non-ministerial department of the Scottish Government. It is responsible for civil registration, the census in Scotland, demography and statistics, family history, as well as the national archives and historical records.

<span class="mw-page-title-main">Land registration (Scots law)</span> Method and process of certifying, verifying, and registering land ownership in Scotland

Land registration in Scots law is a system of public registration of land, and associated real rights. Scotland has one of the oldest systems of land registration in the world. Registration of deeds is important as it constitutes the third stage of the creation and transfer of real rights.

References

  1. ↑ "Baby named Metallica rocks Sweden". BBC News . BBC. 4 April 2007. Retrieved 3 February 2012.
  2. ↑ Art. 5 CCQ
  3. ↑ Art. 393 CCQ
  4. ↑ Quebec Min de Justice: Accueil/Couple et famille/Mariage, union civile ou union de fait/Mariage/Nom des époux
  5. ↑ "Nom des époux". www.quebec.ca. Retrieved 16 May 2023.
  6. ↑ Art. 57 CCQ
  7. ↑ "Change of name". etatcivil.gouv.qc.ca. Quebec: Directeur de l'état civil. 1 December 2016.
  8. ↑ "Décision". citoyens.soquij.qc.ca. Retrieved 6 October 2021.
  9. ↑ Seeger, Bernhard (2002), "Der Ehe- und Lebenspartnerschaftsname in der notariellen Praxis", Mitteilungen des Bayerischen Notarvereins, archived from the original on 20 March 2012.
  10. ↑ Rapalje, Stewart; Lawrence, Robert L. (1997). A Dictionary of American and English Law with Definitions of the Technical Terms of the Canon and Civil Laws. Vol. 2 (3rd ed.). Clark, New Jersey: The Lawbook Exchange. p. 849. ISBN   978-1-886363-33-5.
  11. ↑ Coke, Edward (1832). Butler, Charles (ed.). The First Part of the Institutes of the Laws of England. Vol. 1 (19th ed.). Lib.1 Cap.1 Sect. 1, at 3.a.
  12. ↑ "Change your name by deed poll". gov.uk. Retrieved 12 April 2017.
  13. ↑ "Enrolment of Deeds (Change of Name) Regulations 1994", legislation.gov.uk , The National Archives, SI 1994/604
  14. 1 2 "Changes of name". college-of-arms.gov.uk. College of Arms . Retrieved 17 April 2017.
  15. ↑ "Change your name by deed poll". gov.uk. Retrieved 12 April 2017.
  16. ↑ "Opinion: It could soon be harder to change your name – devastating for millions of women and victims of abuse". The Independent. 24 January 2021. Retrieved 18 May 2022.
  17. ↑ "About registration in Scotland". National Records of Scotland. 21 July 2018. Retrieved 21 July 2018.
  18. 1 2 3 "Leaflet RCN1: Recording changes of forename(s) and surname(s) in Scotland" (PDF), www.nrscotland.gov.uk, National Records of Scotland, retrieved 16 April 2017
  19. ↑ "Recording Changes of Forename(s) and Surname(s) in Scotland", www.nrscotland.gov.uk, National Records of Scotland, 31 May 2013, retrieved 16 April 2017
  20. 1 2 "Recording a change of name". nidirect.gov.uk. General Register Office of Northern Ireland. 26 October 2015. Retrieved 17 April 2017.
  21. ↑ In re Natale, 527 S.W.2d 402 (Mo. App. 1975); In re Kruzel, 226 N.W.2d 458 (Wis. 1975).
  22. ↑ Stuart v. Board of Supervisors, 295 A.2d 223 (Md. Ct. App. 1972); In re Hauptly, 312 N.E.2d 857 (Ind. 1974); United States v. Cox, 593 F.2d 46 (6th Cir. 1979). See also 10 U.S.C. § 1551 (2006).
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.