Amity Xu *
Following a marriage, for varying reasons, some may wish to assume their spouse’s last name. Though this task may seem daunting, the process itself is relatively uncomplicated.
Conversely, although not required, individuals oftentimes choose to change their names following a divorce. This process differs from that of assuming a spouse’s last name after marriage, and though it may be lengthier, many still choose to revert to their pre-marital name or assume a new one. In these cases, it is crucial to understand the legal steps and various considerations involved in the name-changing process in Ontario.
Assuming a Last Name Due to Marriage
Through this process, after marriage, an individual can legally assume their spouse’s last name on various government documents. Notably, the health card, driver’s license, and Ontario Photo Card, among others, can be changed at no cost.
- Gather the following documents:
- Marriage certificate
- Different from the “Record of Solemnization of Marriage” your marriage officiant gives you
- This is not automatically issued, and you must apply for one yourself
- Current photo health card
- If you do not have a photo health card, you must bring 3 original documents to prove you are a Canadian Citizen and Ontario Resident
- Driver’s license or Ontario Photo Card
- Marriage certificate
- Visit a Service Ontario centre with the above documents.
- Note that you must record your spouse’s full last name as listed on the marriage certificate, including hyphenated names. Assuming only a portion of the hyphenated name requires a legal name change, the details of which are further below.
Expect your updated documents to be mailed to you in 6-8 weeks.
This process only addresses government-issued documents, but not documents issued by other organisations. If you wish to update your last name on those, please contact each organisation separately to specify their requirements for the change. Typically, the organisation will request a copy of your marriage certificate.
Electing to Reassume Your Previous Last Name
This service applies to those who elected to legally change their last names due to a marriage or a conjugal relationship.
- Note that you are eligible only if you legally changed your last name through the Election to Change Surname service, which has been discontinued. If not, please see the process of a legal name change further below.
- Complete an Election to Resume Former Surname – Form 2, by contacting Service Ontario through:
- Toll-free: 1-800-461-2156 for all of North America, 416-325-8305 for Greater Toronto Area or internationally;
- TTY: 416-325-3408, or;
- Sending a written request to: Service Ontario, Office of the Registrar General, P.O. Box 3000, 189 Red River Road, Thunder Bay, ON, P7B 5WO
- Submit the form
- By mail: Mail your completed forms, payment, and required documents to: Service Ontario, Office of the Registrar General, P.O. Box 3000, 189 Red River Road, Thunder Bay, ON, P7B 5W0
- In person: Bring your completed form, payment, and required documents to: Service Ontario, 47 Sheppard Avenue East, Unit 417, 4th Floor, Toronto, ON, M2N 5N1
Cost
This service costs $25, unlike the process of changing your last name after marriage, which is free.
Delivery
If your application is complete and accurate, expect a change of name certificate and, if born in Ontario, your new birth certificate, to be mailed within 6-8 weeks from the date your application is received. Do note that there may be delays, and delivery may take a longer time than anticipated. You may use these documents to update other government documents, such as your driver’s license.
Legally Change Your Last Name
You may choose not to assume a last name due to marriage, but still wish to legally change your last name. In this case, you would follow the steps for an adult name change.
Eligibility
Before you apply, ensure that you:
- Are 16 years of age or older
- Have lived in Ontario for the past 12 months
Please note if you:
- are still a minor (aged 16 to 17), you need consent from every person with legal custody of you. You must also complete Part 3 of the application.
- are married or have signed a Joint Declaration of Conjugal Relationship document, you must notify your partner/spouse of your name change. You must also complete Part 2 of the application.
- need a police records check as part of your application, download the Requirements for a Police Record Check for a Change of Name form to ensure the check meets all requirements.
How to Apply
- Download or call Service Ontario for the appropriate forms: the Application to Change an Adult’s Name and the Requirements for a Police Record Check for a Change of Name
- Submit the completed form, payment, and required documents
- By mail: Service Ontario, Office of the Registrar General, P.O. Box 3000, 189 Red River Road, Thunder Bay, ON, P7B 5W0
- In person: Service Ontario, 47 Sheppard Avenue East, Unit 417, 4th Floor, Toronto, ON, M2N 5N1
Cost
An adult name change costs $137.
Documents Received
If your name change is approved, you will receive a change of name certificate, showing both your previous name and your new name. You may use this to update other personal documents.
If you were born in Ontario, you will receive a new birth certificate with your new name. Though the automatically issued birth certificate does not contain parental information, you may apply for one containing this information by submitting a Request for Birth Certificate application, along with the required payment.
If you were born in Canada, but not Ontario, the vital statistics office in the province or territory (excluding Quebec) you were born in will be notified of your name change. You will need to apply to that vital statistics office to receive a new birth certificate.
* Amity Xu is a co-op student at Jeff Li’s Law Office.