Same-sex spouse denied passport

[bcdphie]

I don't think we have that problem in BC (I'm assuming a marriage certificate is all you need), but I will have to check it out. I will have to ask some of my married friends.

[aephi alum]

Originally posted by Taualumna
It wasn't always like that....darn feminism. Anyway, at least you don't live in Quebec, where you can't change your last name at all.

Why is that? Suppose you just don't like your last name, and it's nothing to do with getting married - are you still stuck?

It was very easy for me to change the name on my passport - sent it in with my marriage certificate, and 6 weeks later it came back with a notation typed on the inside back cover that my name was now <full name with new surname>. The only problem is that I'm always having to tell ticket counter agents, gate agents, customs officers, etc. that my married name is in the back.

Seems to me Mr. Henneberger could just go off and do a legal name change independently of his marriage. He'll have to pay court fees and wait a while for the courts to do their thing, but if federal agencies won't recognize his same-sex marriage certificate, then he's kind of stuck.

[Taualumna]

Apparently the divorce rate in Quebec is very, very high, so the government decided that one can't change their last name at all. Apparently there are cases of elderly women who have been Madame Husbandsname for generations who have been forced to revert back to revert back to their maiden name. I was told that even those who married outside of Quebec and have taken their husband's name have to revert back. I don't know what happens to those with passports under a married name though.

[kappaloo]

I was sooo horribly horribly wrong (and since I took that info from my parents, they are too).

You only need your marriage certificate in Canada to change your name on your passport:
http://www.ppt.gc.ca/faq/index_e.asp#260

[GeekyPenguin]

Originally posted by Taualumna
Apparently the divorce rate in Quebec is very, very high, so the government decided that one can't change their last name at all. Apparently there are cases of elderly women who have been Madame Husbandsname for generations who have been forced to revert back to revert back to their maiden name. I was told that even those who married outside of Quebec and have taken their husband's name have to revert back. I don't know what happens to those with passports under a married name though.

Can you provide some proof of this, like a newspaper article or a Quebec statute?

[bcdphie]

I know people from Quebec who have their husbands' last names. I'm surprised that the charter allows the Quebec government to stop women from taking on their married names. I know the feds give Quebec concessions, but that one doesn't seem to jibe with Canada's rights and freedoms.


eta: However, I forgot that Quebec is under the civil law code, while the rest of Canada is under common law, so I suppose that can make marriage laws in Quebec different from ROC.

[Taualumna]

OK, I have heard two different descriptions of the Quebec law. One woman told me that adults can legally change their last name, but will have to fork up $100 or so, whether you are getting married or not (in Ontario, newlyweds can change their name for free). Another woman told me that adults can't legally change their name period (which I find strange, since it would be weird to have your Canadian passport, a legal document say one name and your driver's licence and health card say something else).

[GeekyPenguin]

Originally posted by Taualumna
OK, I have heard two different descriptions of the Quebec law. One woman told me that adults can legally change their last name, but will have to fork up $100 or so, whether you are getting married or not (in Ontario, newlyweds can change their name for free). Another woman told me that adults can't legally change their name period (which I find strange, since it would be weird to have your Canadian passport, a legal document say one name and your driver's licence and health card say something else).

Can you show me proof of this? Not something you heard from Sean McCann's mom, but an actual source?

And so what if they ahve to pay to change their name? You have to do that here in many states. They still can...

[Lady Pi Phi]

You can change your name in Quebec.

The cost is $125

Here is a link:

http://www.crcvc.ca/Downloads/NameChange.htm#quebec

[KSigkid]

Originally posted by Taualumna
OK, I have heard two different descriptions of the Quebec law. One woman told me that adults can legally change their last name, but will have to fork up $100 or so, whether you are getting married or not (in Ontario, newlyweds can change their name for free). Another woman told me that adults can't legally change their name period (which I find strange, since it would be weird to have your Canadian passport, a legal document say one name and your driver's licence and health card say something else).

In most states I believe you have to pay to change your name...I think it's more than $100 in most states (I've heard as high as $250).

I'd be very surprised if adults couldn't legally change their name.

[Taualumna]

This is what I've been able to find in English so far:

The new Quebec Conseil du statut de la femme issued a comprehensive report on gender equality, titled "Egalite et independence"; as a result, Quebec changed several laws, including making a woman's birth name her legal name, all her life, regardless of marriage(s).

This is from: http://herstory.womenspace.ca/timeline.html

This is what I've been able to find so far. The (English) website for the Government of Quebec is here:

http://www.gouv.qc.ca/Index_en.html

More to come...

[GeekyPenguin]

Originally posted by Lady Pi Phi
You can change your name in Quebec.

The cost is $125

Here is a link:

http://www.crcvc.ca/Downloads/NameChange.htm#quebec

Taualumna, that's all well and good that you found that law- but according to this, a woman can still change her name, thus making her husband's surname her legal name. I don't understand what your problem here is.

[Taualumna]

I guess there is the misconception of that law. Everyone I speak too, including Quebecers tell me that it is illegal/impossible to do. I guess that's why I've always thought that only minors can have a legal last name name change.

ETA: In Ontario, people do not have to pay to have their name changed because of marriage (but they only have 90 days to do so upon registering). This is not the case in Quebec.

[Lady Pi Phi]

I don't have the time (nor the patience) to look through the entire Quebec civil code, but there is a link to the Canadian Law Insititute in the link I provided.

[aephi alum]

Originally posted by KSigkid
In most states I believe you have to pay to change your name...I think it's more than $100 in most states (I've heard as high as $250).

I'd be very surprised if adults couldn't legally change their name.

True, unless it's associated with a marriage or divorce and it's done within a certain time frame (or unless you live in Quebec, apparently). In Massachusetts, for example, each party states on the marriage license application what s/he wants his/her last name to be after the marriage. You pay for the license, but you don't have to then pay a separate fee for a name change. (That's for heterosexual couples. According to the article at the top of this thread, the same is not true for homosexual couples because gay marriage is not recognized on the federal level, so this fellow will now have to go through the courts and pay name-change fees.)

Changing your name, even due to marriage or divorce, is definitely a hassle, but the only fee I ever paid was for the marriage license, which we would have had to pay anyway. No one else (passport agency, social security, credit cards, bank, DMV, utilities, etc) charged me a dime.