Changing a Child’s Name

The Change of Name Act (the “Act”) will be amended by Bill 133 (Family Law Statute Amendment Act, 2009) as a consequence to changes in the Children’s Law Reform Act (wherein section 6.1 is being added) that enable a court to change a child’s last name where a declaration of maternity or paternity is made. Section 5 of the Act is changed so that an application for a further surname change requires the consent of the person declared by the court to be the child’s mother or father. However, the amendment also states that the requirement for this consent may be waived by the court on application, which is similar to other consents contemplated in the Act. One result of this change is that a parent may apply to the court to have his or her surname added to the child’s name if the other parent refuses to consent.

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