Who gets to choose a child’s name?

paula7030
Dec 31, 2025
3 min read

Updated: 6 days ago

Choosing a child’s name is often a meaningful and emotional decision. But when parents disagree, especially after separation, the question becomes legal: who actually gets to decide?

Is There a Law That Says a Child Must Take the Father’s Last Name?

There is no law in Canada that says a child must take the father’s last name. Parents are free to choose a surname, as long as they agree.

The rules about naming children are found in the Vital Statistics Act, which governs birth registration and name changes in BC.

Registering a Child’s Surname - Section 4 of the Vital Statistics Act.

When a child is born and both parents are listed on the birth registration:

If the parents agree, they may choose:
- Either parent’s surname
- A hyphenated surname
- A combined surname
- Any order they wish

If the parents do not agree, the child’s surname must be:

A combination of both parents’ surnames, and
Arranged in alphabetical order

Example: Case Landa‑McAuliffe v. Boland (2012 BCSC 1354). Ms. Boland wants her name first. Mr. Landa wants his name first. Section 4.1 requires alphabetical order when surnames are combined. If the parents’ last names are Boland and Landa, the child’s surname must be Boland-Landa, not Landa-Boland. Read the decision here: 2012 BCSC 1354 (CanLII) | Landa-McAuliffe v. Boland | CanLII

If Only One Parent Registers the Birth

If only one parent registers the child’s birth (which often happens when parents are not together), that parent can choose the surname and its order freely. However, if the other parent later applies to be added to the birth registration and change the surname, the naming rules apply again and the surname might have to be changed to follow the alphabetical rule.

If the Court Orders Name Changes - Section 4.1 of the VSA

Sometimes, the court has to declare who the legal parents are, or the other parent later applies to be added to the birth registration and change the child’s surname.

Under section 4.1 of the Vital Statistics Act, a court can:

Change a child’s name when declaring parentage
Order the child to have:
- One parent’s surname, or
- A combination of both surnames (in alphabetical order)

The court cannot choose a preferred parent or ignore the rules unless both parents agree.

Why Do Most Children Still Get the Father’s Last Name?

This isn’t a legal rule, it’s a cultural habit. Historically, family identity, inheritance, and lineage followed the father. These traditions carried over through colonization and into Canadian society. Over time, this became so normalized that many people still default to it, even though modern law is completely neutral and flexible. Today, more and more families in Canada are using hyphenated surnames, giving the mother’s surname instead, or creating new surnames that reflect both parents. The law allows flexibility, as long as the parents agree.

What About First Names?

First names are treated differently. Courts are reluctant to interfere, and rarely change a child's first name, unless there’s a real reason.

A parent’s hurt feelings or broken agreement about a name is not enough to change a child's first name. The focus is always on stability, identity, and the child's best interest. As one judge put it: “Given names, unless offensive, rarely affect a child’s welfare.”

Example: case Hokhold v. Gerbrandt (2012 BCSC 1313). The mother named the child "Ella". The father wanted the child to be called Clara in honour of his mother, but the child was already known as "Ella". The court decided that the child should keep the name she knew, but also include the father’s chosen name, as the father should have been allowed to name his daughter and it is in the best interest of the child. Result: Ella Clara.

Read the case online: https://canlii.ca/t/fsl2m