Name-change application

WDear Miss Powell,

E LIVE in Ontario, and we adopted a little boy from

Jamaica. I’m about to put in the paperwork, but I wanted to know if I can change his name. My husband and I want him to have our name. How do I go about changing his name?

I want him to start school in Canada using our family name. When should we change the name? Can I do an application to change his name as soon as he lands in Ontario? What is the procedure? Thanks in advance.

– P.W.

Dear P.W.,

Anyone can apply to change their legal name, provided that you have legitimate reasons for doing do so. Adoption and marriage are two of the most common legitimate reasons for changing a name.

I can understand wanting to change the name of your adopted child, so that he can begin his new life in Canada with your family name. It is a good idea to change his name before you apply to sponsor your son, as his travel documents, which would determine the name used for landing purposes and, ultimately, his first set of identification in Canada. The names on landing documents and passport will be that used by the school.

CONSIDERATIONS

The time and place to change your son’s name will essentially depend on the application process in either his home country or the province in which he plans to live. The simplest way to change his name is to apply to do so when you are going through the adoption process. You may be able to make an application for the change of name at the same time when you apply to a court of competent jurisdiction in your son’s home country. However, if you have already completed the adoption process and did not change his name, you may do what is called a deed poll application in Jamaica, with the help of a lawyer.

DEED POLL IN JAMAICA

You should visit a lawyer to assist you with the deed poll process. You will be required to provide documents and the required fee to have the application submitted on your behalf. Your lawyer will need your child’s original or certified true copy of his birth certificate and the adoption order. Your lawyer will then prepare the deed poll, which you will need to review and sign in the presence of a justice of the peace.

Once the fees are paid at the Stamp Duty and Tax Department, you will be provided with an official stamped document to submit the application to the Registrar General Department (RGD). You have the option of paying for an expediated processing at the RGD, depending on how quickly you would like your application to be processed. If all the documents are submitted accurately, you should receive your certificate of name change and birth certificate within three-45 days.

You can then submit your son’s deed poll, along with his birth certificate, to get a passport with his new name , your family name , endorsed therein as a part of the identifying documents you use for your sponsorship application.

NAME CHANGE IN ONTARIO

You indicated that you live in Ontario. The namechange application cannot be done as soon as he lands in Canada. You will only be permitted to change your son’s name when you are able to prove that he has lived permanently in Ontario for the last 12 months before you submitted the application. You will also need to present a copy of your child’s birth certificate and the adoption order to prove that you have lawful custody of your child. The court order is important to prove that there are not limitations on your ability to change your son’s name. You will need to complete and sign the application form in the presence of a lawyer or notary public. You must pay the required fees and submit an accurately completed application form to the Office of the Registrar General in Thunder Bay, Ontario.

Once you have the certificate of name change, then you can change your son’s name at his school and change his official identification documents, such as his permanent residence or citizenship documents.

If you require help with the processing of your application or require additional information about sponsoring your child to come to Canada, you should consult directly with a Canadian immigration lawyer.