Family Law on Parental Naming Rights: Understand Your Legal Options in Ontario

Choosing your child's name is one of the most exciting and meaningful parts of becoming a parent. But sometimes, disputes may arise over a child’s last name.  Let’s see what the Ontario Family Law and legal framework provides, including what factors count the most where the court is involved.

Why Do Naming Disputes Occur?

Naming disputes usually happen when parents have different ideas about the surname their child should carry. This issue tends to present itself in high conflict separations, where parents subsequently remarry, where parents wish for their child’s name to reflect their cultural background or where the parents had a brief or no relationship leading up to the child’s birth. No matter the reason, there is one priority that everyone involved should consider, i.e. protecting the child’s wellbeing and best interest.

Resolving Naming Disputes Under Ontario’s Family Law Act

In Ontario, several laws govern or regulate the naming of a child and resolving parental disputes over a child’s name.  

Change of Name Act, R.S.O. 1990, c. C.7: This Act allows the parent with legal custody to apply for a formal change of name directly through the Registrar General.

Vital Statistics Act, R.S.O. 1990, c. V.4: This Act relates primarily to birth registration. In the event of a disagreement on the child’s surname, this Act provides for the inclusion of both parent’s names, where both parents certify the child’s birth. However, where the father is unknown or unacknowledged, it allows the mother to choose the child’s surname. With a certified court order, the Registrar general may be directed to amend a child’s birth certificate in accordance with the Order.

Children's Law Reform Act, R.S.O. 1990, c. C.12: This Act provides that in making parenting orders (including name change) the court’s primary consideration shall be the child’s best interests. In determining the child’s best interest, this Act provides a list of relevant factors including the child’s needs and emotional wellbeing, the child’s cultural, linguistic, religious and spiritual upbringing and heritage, the child’s relationship with each parent, and the willingness of a parent to encourage the child’s development and relationship with the other parent, etc.

Parens Patriae Jurisdiction: This is a common law principle that vests the Superior Court of Justice with authority to protect a child’s interest, where parents are unable or unwilling to do so. This includes the judicial power to override a parent’s legal custody in name change disputes, where it is in the child’s best interest to do so.

Two kinds of Name Change Orders

There are two kinds of name change orders the courts can make, i.e., positive or negative orders. A positive order is one directing a change from one name to another. A negative order is one directing against any changes, except by way of agreement or subsequent court order.

It is not uncommon to find a non-custodial parent seeking both positive and negative orders. The negative orders are intended to guard against any further changes by a custodial parent, after the positive order is made.

Factors Ontario Courts Consider in Family and Law 

The Family Courts in Ontario are duty-bound to prioritize the child’s best interests. When deciding naming disputes, several factors are considered including but not limited to the following matters:

1.       The parent-child relationship: A child’s relationship with a parent is a primary consideration in name change applications. The family court is less likely to change a child’s name in favour of an uninvolved parent, or a parent who has no relationship (or a strained relationship) with the child.

2.       Inclusivity: The Courts are less averse to ordering a name change where the intended change would be inclusive of both involved parents usually by hyphenating the two surnames.

3.       Cultural Significance: Recognizing the child’s heritage and cultural background through their name is considered a positive factor towards an inclusive name change.

4.       The Child’s Age or the Practicality of a Change: The Courts evaluate whether a particular surname is already used by the child for schooling, health care, extra-curricular activities, religious practices, travel; and the duration for which the name has been used. The Courts are less likely to order a name change for older children, as this could be disruptive to a child who has become accustomed to a certain name for many years.

5.       Malice: In considering a name change application, the Court will place some weight on evidence that a parent has displayed malice or improper motivation in relation to the choice of name for the child or in their request to change the child’s name.

A Real-Life Case of Child Name Change

Let’s take a look at a real Ontario case that demonstrates how courts evaluate naming disputes in practice.

In the reported 2025 case of Remedios vs Teeple, 2025 ONSC 1692, our firm represented the Applicant father in a name change application. In this case, although there was no paternity dispute, the Respondent mother excluded the father as a parent from the child’s birth certificate. In the proceedings, the Applicant was seeking orders to amend the child’s birth certificate to include the Applicant as a named parent, to record the child’s legal name to include the hyphenated reference to his father’s surname, to amend any previously issued government documents to reflect the name change and to prohibit any further changes to the child’s name without agreement or subsequent court order. Their child is biracial, as the father is of Indian descent and mother is Caucasian.

In exercising its parens patriae jurisdiction, and upon review of the evidence, the Court found that it was in the child’s best interest to allow the requested name change for the following reasons:

a.       the proposed name change did not exclude one parent or marginalize them but rather honoured both of them;

b.       the proposed hyphenated name was already being used on insurance documents and RESP;

c.       the Applicant father has a close relationship with the child and had taken steps, through court to maximize his contact with the child;

d.       the child is biracial, and the inclusion of the father’s surname would enhance the child’s cultural identity;

e.       the mother’s decision not to acknowledge father in the certification of live birth was evidence of malice towards the Applicant, and it was only by virtue of her not acknowledging the father that the Respondent was able to unilaterally name the child;

f.         the child is very young and a change of surname would have limited if any impact on him;

g.        the child identified both with single surname and with hyphenated surname; and

h.       the child had no siblings and there was no issue of confusion.

Practical Advice by a Family Law Lawyer

If you're currently facing a naming dispute, consider these practical steps as an effective guide to the situation:

Get Legal Advice Early: Speaking with a qualified family law lawyer as soon as possible can help clarify your situation and guide your next steps. The earlier you seek help, the better your chances of a favourable outcome.

Keep Detailed Records: Maintaining clear records of your involvement with your child can significantly strengthen your case, if court involvement is required.

Child’s Best Interest: Even in high conflict scenarios, always prioritize your child’s best interest. Avoid acting unilaterally, communicate respectfully and support your child’s relationship with the other parent, and proceed with caution where there are legitimate child protection concerns. Always remember that your communications and actions may come under scrutiny should your matter proceed to family court.

How Michael Iyore Law Can Support You

At Michael Iyore Law, our strategy blends empathy, candor, and efficiency in our support. We prioritize prompt and amicable resolutions, where possible.

We understand that each family's situation is unique, and we're dedicated to providing personalized legal solutions tailored to your needs, always reaching to minimize stress, protect your rights, and ensure the best possible outcomes for you and your child.

Final Thoughts

Ideally, choosing your child's name should be a happy experience that reflects unity, mutual respect and proper representation.

But when disputes arise, having clear knowledge of your rights and options, along with trusted legal support, can make a significant difference.

Reach out to the dedicated family law team at Michael Iyore Law today. We're here to offer guidance and support tailored precisely to your circumstances.

Disclaimer: This content is not legal advice. To speak with a lawyer at our office, please schedule a consultation at the link below:

https://www.michaeliyorelaw.ca/contact-us