The Change of Name Process in Quebec

1. The Change of Name Process in Quebec Embarking on a journey to change your name or your child’s name can be both exhilarating and/or daunting. Whether you are changing your name due to marriage, divorce, personal preference, or any other reason, the process can seem like a hill of paperwork and legalities – but this is often not the case. In this short guide, we’ll walk you through the steps, considerations, and potential challenges involved in changing your name. From understanding the legal requirements to practical tips for a smooth transition, we’ve got you covered. Who Can Apply? If you are 14 years of age or older and have been living in Quebec for at least one year, you can apply for a change of name yourself.

2. In the cases of minor children, you can apply for a change of name if you are the father, mother or tutor, given that the minor has been living in Québec for at least one year. In cases where the person whose name is applying to be changed was born outside of Québec, the applicant must ensure their act of birth is entered into the Quebec register of civil status. You can find more information on this topic on the Government website here: Insertion of an act made outside Québec into the Québec register of civil status. Two Ways to Change Your Name In Quebec, there are two ways to change your name. Depending on the circumstances, you can seek a name change through either a judicial process before the courts, or an administrative process with the Directeur de l’état civil. The judicial process involves the court. A change of name can be authorized by the courts for a child in various situations such as parental abandonment, deprivation of parental authority, or changes in filiation like adoption. Should you wish to pursue a name change for a minor child through administrative means, you must be prepared to address any objections raised by the child, parents, or legal guardians. In these cases, the application may need to be presented to the court before being submitted to the Directeur de l’état civil. Additionally, the administrative process, overseen by the Directeur de l’état civil, processes name change applications falling outside the jurisdiction of the courts. The submission of reasons and supporting documents is crucial in this process to ensure a thorough evaluation by the Directeur de l’état civil. Filing the Application The administrative application process is broken down into two major steps. Step one: Submit the application for preliminary analysis The preliminary analysis enables the Directeur de l’état civil to verify a person’s eligibility to apply for a change of name and to determine if that step is appropriate for his or her situation. In order to submit a case for preliminary analysis, you must complete the Application Form. It is important to clearly specify for what reasons you are applying for a name change.

3. If, after preliminary analysis, you or the person for whom you are applying is eligible to apply for a change of name, you will be sent all of the necessary documents to complete the next step, by mail. If not, the Directeur de l’état civil will inform you of the appropriate solution for your situation. Step two: Submit the application for a change of name After your preliminary application has been approved, you must complete the application sent to you through mail for a change of name. Note that before filing your application with the Directeur de l’état civil, you must take the following steps: ● Make a sworn statement before a person authorized by law. ● In the case of an application for a person between age 14 and 17 filed by his or her father, mother or tutor, notify the person that an application to change his or her name will be filed with the Directeur de l’état civil. ● Give public notice of your intention to file an application for a change of name by having the required notices published, unless you have been exempted. Supplementary information with respect to who must be notified and by what means can be found here. The Decision Once the Directeur de l’état civil reviews an application for a name change, they issue a written decision detailing the rationale behind their acceptance or rejection. This decision is provided to the applicant and, if applicable, to individuals who raised objections or provided comments on the application. The authority to review this decision lies solely with the court. If an applicant disagrees with the Directeur de l’état civil’s decision, they have 30 days from the date of the decision to initiate a judicial review by filing an application with the court. If you find yourself in this situation, we recommend seeking advice from one of our legal experts who can assist you in determining the appropriate course of action. Following the expiration of the 30-day period, if the Directeur de l’état civil’s decision is favorable and no judicial review application has been submitted, they publish a notice of the decision on their website. Conclusion

4. In conclusion, navigating a change of name in Quebec involves understanding both the judicial and administrative processes overseen by the Directeur de l’état civil. Whether pursuing a name change through the courts or administrative channels, careful consideration of the reasons and supporting documentation is crucial. Additionally, being aware of the timelines and avenues for review, particularly if contesting a decision, is essential. If you find yourself on this journey, seeking guidance from one of our attorneys can provide invaluable assistance in ensuring a smooth and successful transition. Source URL: https://www.spuntcarin.com/the-change-of-name-process-in-quebec/