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A legal name is the
name A name is a term used for identification by an external observer. They can identify a class or category of things, or a single thing, either uniquely, or within a given context. The entity identified by a name is called its referent. A personal ...
that identifies a person for legal, administrative and other official purposes. A person's legal birth name generally is the name of the person that was given for the purpose of registration of the birth and which then appears on a
birth certificate A birth certificate is a vital record that documents the birth of a person. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensuin ...
(see '' birth name''), but may change subsequently. Most
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...
s require the use of a legal name for all legal and administrative purposes, and some jurisdictions permit or require a
name change Name change is the legal act by a person of adopting a new name different from their current name. The procedures and ease of a name change vary between jurisdictions. In general, common law jurisdictions have loose procedures for a name chang ...
to be recorded at
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
. The legal name may need to be used on various government issued documents (e.g., a court order). The term is also used when an individual changes their name, typically after reaching a certain legal age (usually eighteen or over, though it can be as low as fourteen in several European nations). A person's legal name typically is the same as their
personal name A personal name, or full name, in onomastic terminology also known as prosoponym (from Ancient Greek πρόσωπον / ''prósōpon'' - person, and ὄνομα / ''onoma'' - name), is the set of names by which an individual person is know ...
, comprising a
given name A given name (also known as a forename or first name) is the part of a personal name quoted in that identifies a person, potentially with a middle name as well, and differentiates that person from the other members of a group (typically a fa ...
and a
surname In some cultures, a surname, family name, or last name is the portion of one's personal name that indicates one's family, tribe or community. Practices vary by culture. The family name may be placed at either the start of a person's full name, ...
. The order varies according to culture and country. There are also country-by-country differences on changes of legal names by marriage. (See ''
married name When a person (traditionally the wife in many cultures) assumes the family name of their spouse, in some countries that name replaces the person's previous surname, which in the case of the wife is called the maiden name ("birth name" is also used ...
''.) Most countries require by law the registration of a name for newborn children, and some can refuse registration of "undesirable" names. In 1991, a Swedish couple refused to give their newborn a legal name, in protest of existing naming laws. In 1996, they were fined for not registering a name for their child for five years, after they unsuccessfully tried to register the child's name as Brfxxccxxmnpcccclllmmnprxvclmnckssqlbb11116, and then as "A".


Jurisdiction by country


Canada


Quebec

The ''
Civil Code of Quebec The ''Civil Code of Quebec'' (CCQ, french: Code civil du Québec) is the civil code in force in the Canadian province of Quebec, which came into effect on January 1, 1994. It replaced the ''Civil Code of Lower Canada'' (french: Code civil du Bas- ...
'' states that "Every person exercises his civil rights under the name assigned to him and stated in his act of birth," and spouses retain their legal names upon marriage. They can be changed, upon registration, only under prescribed conditions, and only where the person has been domiciled in Quebec for at least one year. However, a woman married before this law was passed in April 2, 1981 retains her right to use her husband's name in the exercise of her civil rights. Unfortunately, this right is not respected for older women, married before 1981. They are systematically identified by their name of birth in the medical institutions of the province. Likewise proofs of vaccination are issued to them in their birth name, making it unusable when their proof of vaccination must conform with the name in their government-issued passport. This dilemma also applies to younger women who are vaccinated in Quebec, but whose legal ID is their married name, due to marriage elsewhere.


Germany

In Germany, names are regulated to a large extent. Apart from possibly adopting the partner's name upon marriage, German citizens may only change their name for a recognised important reason. Among other reasons, a change of names is permitted when the name can give rise to confusion, ridicule, unusual orthographic difficulties, or stigmatization. In certain situations, children's last names may also be changed to their natural, foster or adoptive parent's last name. Transgender people may change their first names. Foreign names in writing systems that are not based on Latin are transliterated according to rules which may conflict with the system of transcribing or transliterating names that is used in the country of origin. Former titles of nobility became integrated into the last names in 1919 but continue to be adapted according to gender and other circumstances.


United Kingdom

In the UK, businesses that trade under names other than those of the owner or a corporate entity must display the name of owner and an address at which documents may be served, or the name and registered number of the corporate body and its registered address. The requirements apply to sole traders and partnerships, but there are special provisions for large partnerships where listing all partners would be onerous. The information must be shown on any trading premises where the public have access to trade and in documents such as order forms, receipts and, as of January 2007, corporate websites (to be extended later in 2007 to sole trader websites).


England and Wales

In strict English law, if there is such a thing as a "''legal''" surname, it is easily changed. In the words of ''A dictionary of American and English law'', "Any one may take on himself whatever surname or as many surnames as he pleases, without statutory licence". This does not always seem to have applied to names given in
baptism Baptism (from grc-x-koine, βάπτισμα, váptisma) is a form of ritual purification—a characteristic of many religions throughout time and geography. In Christianity, it is a Christian sacrament of initiation and adoption, almost inv ...
. As noted by
Sir Edward Coke ''Sir'' is a formal honorific address in English for men, derived from Sire in the High Middle Ages. Both are derived from the old French "Sieur" (Lord), brought to England by the French-speaking Normans, and which now exist in French only as ...
in ''
Institutes of the Lawes of England The ''Institutes of the Lawes of England'' are a series of legal treatises written by Sir Edward Coke. They were first published, in stages, between 1628 and 1644. Widely recognized as a foundational document of the common law, they have been cit ...
'', "a man may have divers names at divers times, but not divers Christian names." But in modern practice all names are freely changeable. Changes of name are usually effected through
deed poll A deed poll (plural: deeds poll) is a legal document binding on a single person or several persons acting jointly to express an intention or create an obligation. It is a deed, and not a contract because it binds only one party. Etymology The ...
, optionally enrolled either at the
High Court of Justice The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England ...
or at the
College of Arms The College of Arms, or Heralds' College, is a royal corporation consisting of professional officers of arms, with jurisdiction over England, Wales, Northern Ireland and some Commonwealth realms. The heralds are appointed by the British Sovere ...
, with a notice recorded in ''
The London Gazette ''The London Gazette'' is one of the official journals of record or government gazettes of the Government of the United Kingdom, and the most important among such official journals in the United Kingdom, in which certain statutory notices are ...
''. Changes may also be made by means of a Royal Licence obtained through the College of Arms, with similar notice. These enrolment, licence and notice procedures are useful for having the new name appear in official documents; these procedures are therefore less likely to be useful for trans people or victims of abuse.


Scotland

Scots law allows anyone who wishes to do so to change their forename(s) or surname and such changes may be recorded in the official register held by the
National Records of Scotland , type = Non-ministerial government department , logo = National Records of Scotland logo.svg , logo_width = , picture = , picture_width = , picture_caption = , formed = , preceding1 = National Archives of Scotland , preceding2 = General Regi ...
. Technically the Registrar General makes a correction to the entry. A correction can be recorded where a birth has been registered in Scotland, or where a person is the subject in Scotland of an entry in the Adopted Children Register, the Parental Order Register or the Gender Recognition Register. The above formalities are not necessary where a spouse/partner assumes the other spouse/partner's surname upon marriage or civil partnership, or reverts to their original name upon separation, divorce or dissolution of the civil partnership. Only one change of name is allowed in the register where a person has not yet reached the age of 16, and afterwards only one change of forename and three changes of surname may be granted during a person's lifetime, provided that at least five years have passed between changes of surname. Name changes may also be recorded where: * a decree or certificate has been granted by the
Lord Lyon King of Arms The Right Honourable the Lord Lyon King of Arms, the head of Lyon Court, is the most junior of the Great Officers of State in Scotland and is the Scottish official with responsibility for regulating heraldry in that country, issuing new gran ...
, * a certified copy of a
will Will may refer to: Common meanings * Will and testament, instructions for the disposition of one's property after death * Will (philosophy), or willpower * Will (sociology) * Will, volition (psychology) * Will, a modal verb - see Shall and will ...
, settlement or deed of trust is produced, containing a condition that the person concerned takes a name different from his or her registered name, or * an alternative forename or surname is used where the registered name is not in an English-language form.


Northern Ireland

Anyone born or adopted in Northern Ireland is able to change their name with the General Register Office of Northern Ireland in the following circumstances: * a child's birth registration can be re-registered where its parents have subsequently married, or where a father that had not previously been identified is subsequently entered (whether by declaration, agreement or court order); * a child's name can be changed once, before the age of 18, upon application by the parents (or adoptive parents, or guardian where the parents are deceased, as the case may be); * a person aged 18 or over may apply to register one change of forename and three changes of surname during that person's lifetime, provided that at least five years have passed between changes of surname. A deed poll can also be used in Northern Ireland for this purpose.


United States

Most states in the United States follow the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
which permits name changing for non-fraudulent purposes. This is actually the most common method, since most women who marry do not petition a court under the statutorily prescribed method, but simply use a new name (typically the husband's, a custom which started under the theory of
coverture Coverture (sometimes spelled couverture) was a legal doctrine in the English common law in which a married woman's legal existence was considered to be merged with that of her husband, so that she had no independent legal existence of her own. U ...
where a woman lost her identity and most rights when she married). Most state courts have held that a legally assumed name (i.e., for a non-fraudulent purpose) is a legal name and usable as their true name, though assumed names are often not considered the person's technically true name.''Stuart v. Board of Supervisors'', 295 A.2d 223 (Md. Ct. App. 1972); ''In re Hauptly'', 312 N.E.2d 857 (Ind. 1974); ''United States v. Cox'', 593 F.2d 46 (6th Cir. 1979). ''See also'' 10 U.S.C. § 1551 (2006).


See also

*
Association football club names Association Football club names are a part of the sport's culture, reflecting century-old traditions. Club names may reflect the geographical, cultural, religious or political affiliations – or simply be the brand name of a club's primary ...
*
Brand A brand is a name, term, design, symbol or any other feature that distinguishes one seller's good or service from those of other sellers. Brands are used in business, marketing, and advertising for recognition and, importantly, to create an ...
*
Companies Act 2006 The Companies Act 2006 (c 46) is an Act of the Parliament of the United Kingdom which forms the primary source of UK company law. The Act was brought into force in stages, with the final provision being commenced on 1 October 2009. It largel ...
* Official place name *
Pseudonym A pseudonym (; ) or alias () is a fictitious name that a person or group assumes for a particular purpose, which differs from their original or true name ( orthonym). This also differs from a new name that entirely or legally replaces an individu ...
*
Trade name A trade name, trading name, or business name, is a pseudonym used by companies that do not operate under their registered company name. The term for this type of alternative name is a "fictitious" business name. Registering the fictitious name w ...
(doing business as) *
Trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others ...


References

{{DEFAULTSORT:Legal Name Human names Names