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Ministry of Health

Change of Name: Application for Waiver of Parental Consent

The Name Act of British Columbia allows for consideration of a waiver of the other parent's consent. The following is a list of situations for which a waiver of parental consent may be approved. When applying for a change to your child’s name, please choose the situation below that best applies to you and provide all of the requested information.

Situation A:

The person whose consent is required is not recorded on the registration of live birth of the child whose name is to be changed (Section 4.6 of the Name Act).

What you need to provide:

  • If the child was born in Canada, an original birth certificate showing parentage.
  • If the child was born outside of Canada, a certified photocopy of the child’s birth documents showing parentage. If the birth documents are not in English, you must provide a translated version from an accredited individual.

Situation B:

The person whose consent is required cannot be located after a reasonable, diligent and adequate search has been conducted as demonstrated by the statutory declaration and supporting evidence maintained in the change of name file (Section 4.5(a) of the Name Act).

What you need to provide:

  • A copy of a court order, showing you have custody of your child.
  • The statutory declaration from page 6 of the Legal Change of Name Application. On the statutory declaration:
    1. Include the mailing address and any other contact information for the parent whose consent is to be waived. If you are unaware of the other parent’s whereabouts, search his or her name on Canada411.ca using Canada as the location, and submit a printout of the results.
    2. Indicate if you receive child support. If you are registered with the Family Maintenance Enforcement Program (FMEP), you must include a copy of your most recent statement.
    3. Explain all efforts you have made to contact the other parent, including contact with relatives, email contact, etc.
  • A brief letter written by the child if he or she is 12 years of age or older. Have your child describe why he or she would like a change of name.

Situation C:

The person whose consent is required is deceased, proven by a copy of a death certificate maintained in the change of name file (Section 4.6 of the Name Act).

What you need to provide:

  • A copy of the death certificate of the person whose consent is to be waived.

Situation D:

A person whose consent is required is unreasonably withholding their consent (Section 4(5)(b) of the Name Act).

What you need to provide:

  • A copy of a court order, showing you have custody of your child.
  • The statutory declaration from page 6 of the Legal Change of Name Application. On the statutory declaration:
    1. Include the mailing address and any other contact information for the parent whose consent is to be waived.
    2. Indicate if you receive child support. If you are registered with the Family Maintenance Enforcement Program (FMEP), you must include a copy of your most recent statement.
    3. Explain all efforts you have made to contact the other parent, including contact with relatives, email contact, etc.
  • A brief letter written by the child if he or she is 12 years of age or older. Have your child describe why he or she would like a change of name.

Situation E:

A person whose consent is required is mentally disordered, as demonstrated by statutory declaration and supporting evidence (Section 4.5(a) of the Name Act).

What you need to provide:

  • A copy of a court order, showing you have custody of your child.
  • A letter from a physician/court order stating that the person whose consent is to be waived is incapable of understanding what he or she would be signing.

Situation F:

Exceptional circumstances make it unreasonable to seek the consent of the required individual (Section 4(6) of the Name Act).

What you need to provide:

  • A copy of a court order, showing you have custody of your child.
  • One of the following:
    • A court ordered no contact order.
    • A court ordered restraining order.
    • A letter from the police indicating you would be in danger if you attempted to contact the parent whose consent is required.

Note

  • The requirements identified here are a guide only and the Chief Executive Officer of the Vital Statistics Agency has the authority to ask for additional information.
  • Statements made in a statutory declaration are considered the equivalent of statements made in a court of law and may provide the basis for action against the applicant if they are proven to be fraudulent.