Damon Mcknight
Changing a child's name in Australia is a straightforward process, but it varies depending on the state or territory in which the child was born. In most cases, both parents will need to consent to the name change, and an application must be made to the Births, Deaths, and Marriages Registry in the state or territory where the child was born. If the child was born overseas but is an Australian citizen or permanent resident, the application must be made in the state or territory where the child currently resides, and they must have lived there for at least 12 months. Children over 12 years old must also agree to the name change.
| Characteristics | Values |
|---|---|
| Child's age | Under 18 years |
| Child's place of birth | Australia or overseas |
| Citizenship status | Australian citizen or permanent resident |
| Parental status | Both parents listed on the birth certificate |
| Parental consent | Required unless one parent has sole parental responsibility |
| Court order | Required if one parent does not consent or is deceased |
| Application process | Online or through the Registry of Births, Deaths, and Marriages |
| Identity documents | Three forms of identity documents required |
| Proof of residency | Required for children born overseas |
| Fees | May apply for processing and payment |
| Time limitations | One name change allowed per 12-month period, up to three times in a lifetime |
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What You'll Learn
Parental responsibility and consent
In most cases, the consent of both parents is required to change a child's name. This typically involves completing an application form and providing the necessary identity documents. If one parent is unable to obtain the other's consent, they may need to seek a court order, demonstrating that the name change is in the child's best interests. This scenario could arise if the other parent is deceased or unable to provide consent.
The process of changing a child's name varies slightly across Australian states and territories. For example, in Western Australia, there are specific requirements for children under 12 months of age, and applicants must provide evidence of residency if the child was born overseas. In New South Wales, there are restrictions on the number of name changes allowed, and applicants must enclose copies of their identity documents with the application.
It is worth noting that children over 12 years old must also agree to the name change, and if a child cannot understand the consequences of changing their name due to age or disability, the court will decide based on the child's best interests.
While some parents may choose to use another name for their child without formally registering it, this is generally not advisable. A court may not view this as good co-parenting, and it could lead to legal complications. Therefore, seeking legal advice and following the proper procedures is essential when considering a name change for a child in Australia.
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Application forms and processes
The application process for changing a child's name in Australia varies slightly depending on the state or territory in which the child was born or resides. However, there are some common requirements and steps to follow:
Parental consent and responsibility
In most cases, both parents must give consent for the name change. This is because, under the Family Law Act 1975, both parents retain shared parental responsibility, even if they are separated or divorced, as long as the child is under the age of 18. If one parent has sole parental responsibility, they can make the decision without the other parent's consent. If one parent is deceased, the surviving parent must provide evidence of the death when applying for the name change.
Identity documents
Applications to change a child's name typically require identity documents for all applicants. This usually includes three forms of identity documents, such as birth certificates, passports, or driver's licenses. If the child was born outside of Australia, evidence of their citizenship or permanent resident status is also required.
Application forms
The specific application form may vary depending on the state or territory. For example, in Western Australia, the form is called the BDM401 Register a Change of Name (Child under 18 years) application form. In other states, the form may be called the Initiating Application to file in Court to seek Orders for a change of a Child's name, which is available from the Family Courts website.
Lodging the application
Once the application form has been completed and all necessary documents have been gathered, the application can be lodged with the Registry of Births, Deaths, and Marriages in the state or territory where the child was born or resides. If the child was born overseas but is an Australian citizen or permanent resident, the application should be lodged in the state or territory where the child currently lives, provided they have lived there for at least 12 months.
Processing and fees
After submitting the application, there may be a processing period before the name change is approved. During this time, you may be required to provide payment for the name change. The processing times and fees may vary depending on the state or territory. Once the name change is approved, a new birth certificate with the updated name will be issued.
Time limitations
It is important to note that there may be limitations on how frequently a person can change their name. For example, in New South Wales, an individual can only change their name once in a 12-month period and three times in their lifetime.
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Citizenship and residency requirements
If your child was born in Australia, you can simply apply to change their name. If your child was born outside of Australia, you will need to provide evidence of their Australian citizenship or permanent resident status.
If your child is an Australian citizen or permanent resident, you need to lodge the application in the state or territory in which the child currently lives. They need to have lived in that particular place for at least 12 months. You will need to provide a minimum of two separate forms of documentary evidence to show that the child has lived continuously in that state for 12 months.
If your child is under 12 months of age, the parents must provide evidence that they have lived continuously in the state for 12 months.
If your child is over 12 years old, you must obtain their consent to change their name. If your child is unable to understand the consequences of changing their name, either due to age or disability, then the court will make a decision based on their best interests.
If you are unable to obtain the consent of the other parent named on the birth certificate, you will need a sealed court order from the Family Court, stating that it is in the child's best interests to have their name changed. If one parent is deceased, the other parent must provide evidence of the death when making the application.
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Court orders and dispute resolution
If both parents are named on the child's birth registration and they disagree about changing the child's name, they can attempt mediation or another dispute resolution process before applying to the Family Court for an order allowing the name change. The court will require proof of a genuine attempt to resolve the issue outside of court. The court will consider factors such as the amount of time the child spends with each parent and the impact of the name change on parental relationships. If mediation is unsuccessful, parents can seek legal advice and apply to the Family Court for an order.
In Western Australia, if the other parent continues to use a different name for the child, the concerned parent may participate in Family Dispute Resolution to resolve the issue. If this is also unsuccessful, they may apply to the Family Court of WA for orders requiring the other parent to use the child's registered name.
The Family Court will only make an order if it is satisfied that the name change is in the best interests of the child. This also applies to children over 12 years old, who must consent to the name change unless the court decides it is in their best interests.
If one parent has 'sole parental responsibility' for the child, they can file for a name change without needing the permission of the other parent. However, it is difficult to obtain a sole parental responsibility order, as the court will consider the best interests of the child and the need to protect them from harm.
The Do-It-Yourself Kit for an Initiating Application to file in Court to seek Orders for a name change can be accessed from the Family Courts website. An Affidavit must also be filed in support of the application.
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Name change certificates
In Australia, there are specific requirements and processes for obtaining a name change certificate for a child. Here are the key points to keep in mind:
Parental Consent and Responsibility
Both parents of a child under 18 years old typically need to consent to the name change. This is because, under the Family Law Act 1975, both parents retain shared parental responsibility, even if they are separated or divorced. If one parent cannot obtain the other's consent, a court order stating that the name change is in the child's best interest is required. This applies unless one parent has sole parental responsibility or is deceased.
Application Process
To register a name change for a child, an application must be lodged with the Registry of Births, Deaths, and Marriages in the state or territory where the child was born. If the child was born overseas but is an Australian citizen or permanent resident, the application should be made in the state where the child currently resides, provided they have lived there for at least 12 months.
Identity Documents
Three forms of identity documents are typically required for all applicants, including the child. If the child was born outside of Australia, evidence of their citizenship or permanent residency status is also necessary.
Processing and Delivery
After submitting the application, a secure payment link will be sent to the provided email address for payment processing. Certificates are then delivered by registered post. It's important to note that processing times do not include delivery, and postage delays may occur for international deliveries.
Timing Restrictions
In Western Australia, a child's given name can be changed within 12 months of their birth by completing the relevant application form and paying a fee. Only one change is permitted within this period, and no extensions are granted. Additionally, in New South Wales, an individual can only change their name once in a 12-month period and up to three times in their lifetime.
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Frequently asked questions
Yes, both parents will need to give consent if they are listed on the birth certificate. If you are a single parent, you can apply to change your child's name if you have sole parental responsibility.
You will need certified proof of ID for both parents, and evidence if your name or your child's current name is different from the name on their birth certificate. If your child was born overseas, you will need to provide their passport, Australian citizenship certificate, or permanent residency visa.
You can apply online, by post, or in person at a registry customer service centre. You will need to fill out an application form and pay a fee.
If you married in Australia, you can take your partner's surname for free without going through the formal name change application process. You just need to give a copy of your Australian marriage certificate to the relevant organizations.
