Amending Birth Certificates: The Process In Australia

how to change name on birth certificate in australia

Changing your name on your birth certificate in Australia requires a few steps and documents. You'll need to apply for a name change certificate, which can be done through the Registry of Births, Deaths and Marriages (RBDM) in the state where you were born. If you're an Australian citizen, you can also apply for an Australian citizenship certificate with your new name through the Department of Home Affairs. If you're changing your name due to marriage, you'll need an official marriage certificate issued by the RBDM in the state where the marriage took place. For those born outside of Australia, additional documentation, such as proof of citizenship or permanent residency, may be required. Processing times for name change applications vary, but they can often be expedited for a priority fee.

Characteristics Values
Who can change their name Anyone born in Australia or who holds an Australian citizenship certificate.
Requirements for changing name on birth certificate A marriage certificate or court order.
Documents required Three forms of identity documents.
Documents for name change A marriage certificate, court order, or Australian deed poll.
Documents for name change on passport A marriage certificate or registered relationship certificate issued by an Australian Registrar of Births, Deaths and Marriages.
Documents for name change on citizenship certificate A marriage certificate, court order, or other name change document.
Application process Apply for a name change certificate from the Registrar of Births, Deaths and Marriages in the state where you were born, or apply for an Australian citizenship certificate in your new name with the Department of Home Affairs.
Application fee A priority fee of $47.00 for fast-tracking the application.
Time taken One business day for priority service processing.
Name change certificate validity Name change certificates issued before 1 January 2000 cannot be used for verification.

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Marriage or divorce certificate

If you were married in Australia, you must apply for your official marriage certificate from the Registry of Births, Deaths and Marriages (RBDM) in the state you were married. You cannot use the ceremonial certificate you received on your wedding day. Once you have your official marriage certificate, you can use it to change your surname (last name) on your passport.

If you were married overseas, you can register your new name with the RBDM in the state where you were born. You can use a marriage certificate issued by an Australian Registrar of Births, Deaths and Marriages to change your surname on your passport.

If you were married in Australia and took your spouse's name, you can go back to your previous family name without needing to apply for a change of name with BDM. To update your family name on your documents and accounts, contact the relevant organisations to find out what they require. Most organisations will need you to provide a standard birth certificate, not a birth extract. If you don't have one, you can apply for one through the Registry in your state or territory.

If you are changing your name for the first time, you should apply for a change of name certificate from the Registrar of Births, Deaths and Marriages in the state where you were born. Alternatively, you could apply for an Australian citizenship certificate in your new name with the Department of Home Affairs.

If you are changing your name due to divorce, you must present one of the following documents in your new name:

  • A foreign marriage certificate
  • A divorce decree
  • A name change certificate

If you do not have one of these documents in your new name, you should apply for a name change certificate through the Registry of Births, Deaths and Marriages (RBDM) in the state you were born.

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Court order

In Australia, the process of changing a name on a birth certificate is handled at the state and territory level. This means that the approach to changing the name on your birth certificate will depend on the state or territory in which you were born. Here is an overview of the process, focusing on the requirement for a court order:

In some cases, a court order may be required to change the name on a birth certificate, especially if the name change involves a minor (a person under 18 years old). The specific requirements may vary depending on the state or territory, but here are some general guidelines:

  • Parental Consent: If one parent is seeking to change the name of their child without the consent of the other parent, a court order may be necessary. In such cases, the parent applying for the name change must provide supporting documentation and obtain court approval. This typically involves demonstrating sole parental responsibility or obtaining consent from the other parent, as outlined in a court order.
  • Guardian's Application: If a guardian has parental responsibility for a minor, they will typically need to fill out the application for a name change. This may require providing appropriate documentation and obtaining court approval for the name change.
  • Trans and Gender Diverse Individuals: In the case of trans and gender diverse young people, seeking court orders for Stage 2 (hormone) or Stage 3 (surgical) treatment may also provide an opportunity to change their name. A court order approving such treatment can be used to support the name change application.
  • State-Specific Requirements: Each state or territory may have specific requirements regarding court orders for name changes. For example, in South Australia, the Federal Circuit and Family Court of Australia, or another recognised court or tribunal, must approve the proposed name change.
  • Application Process: After obtaining a court order approving the name change, individuals or their guardians will need to submit an application to the Registry of Births, Deaths and Marriages (RBDM) in the state or territory of their birth. This application will include providing the court order and any other required documentation.
  • Identity Verification: As part of the name change process, the RBDM will typically verify the identity of the applicant before processing the change of name application. This may involve submitting identity documents and providing proof of residency in the respective state or territory.
  • Fees and Processing Times: Obtaining a court order may incur legal fees, and there may be additional fees associated with the name change application. Priority processing options may be available for an additional fee. It is essential to check the processing times and delivery information, as these may vary depending on the state or territory.

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Citizenship certificate

If you are an Australian citizen and have changed your name, you will need to update your Australian citizenship certificate. This can be done by applying for a change of name certificate from the Registrar of Births, Deaths and Marriages (RBDM) in the state where you were born or by applying for a new citizenship certificate with the Department of Home Affairs.

To apply for a change of name certificate, you will need to provide certain documents. These include three current (not expired) identification documents, with at least one showing your name and address and one showing your signature. If you were born overseas, you will also need to provide a foreign birth certificate with details of your parents. If your change of name certificate was issued before 1 January 2000, or in a state like Western Australia or the Australian Capital Territory, it cannot be used to verify your change of name online, and you will need to contact the relevant authority for a new certificate.

If you are changing your name for the first time, you can apply for an Australian citizenship certificate in your new name with the Department of Home Affairs. If you are changing your name due to a change in your marital status, you will need to provide a marriage certificate or court order. An Australian marriage certificate can only be used to change your last name; if you wish to change your given names, you will need to apply for an RBDM name change certificate. If you are changing your name for any other reason, you must present one of the following documents in your new name: a marriage certificate, court order, or name change certificate.

Once you have received your new name change certificate, you can make an appointment to lodge your PC8 Application for an Australian Passport Overseas application. Your new passport will be issued in the name that appears on your Australian citizenship certificate.

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Deed poll

To obtain a deed poll, you must meet the requirements for witnesses, which vary depending on the state or territory. Commonly accepted witnesses include legal practitioners (such as solicitors, barristers, or attorneys), Justices of the Peace (JPs), and Notary Publics. After obtaining the deed poll, it is essential to notify relevant authorities and organisations about your name change. This includes updating identification documents, bank accounts, informing utility providers, educational institutions, and other official records.

It is important to note that the laws and government agencies governing deed polls differ across Australian states and territories. For example, Queensland allows name changes every 12 months, whereas Victoria and NSW permit only three name changes in a lifetime.

While a deed poll is a valid method for changing one's name, there are alternative ways to do so in Australia. For instance, if you are changing your name for the first time, you can apply for a change of name certificate from the Registrar of Births, Deaths, and Marriages in the state of your birth. Alternatively, you can apply for an Australian citizenship certificate in your new name with the Department of Home Affairs.

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Processing times

New South Wales (NSW)

The processing time for name change applications in NSW is not explicitly stated. However, it is mentioned that processing may be delayed if the application is incomplete, does not include valid identification, or if the fee is not paid. Certificates are delivered by registered post, and processing times do not include delivery.

Western Australia (WA)

In Western Australia, there is a priority service available for a $42 fee, which processes the issue of a certificate ahead of other applicants. The standard processing time is not specified.

South Australia (SA)

In South Australia, the Consumer and Business Services (CBS) website provides estimated processing times. A priority service is also available for a $47 fee, with applications processed within one business day.

Victoria

Victoria's processing times are not explicitly stated. However, it is mentioned that a certificate can be issued if a change of name has already been registered in the state.

It is important to note that processing times may vary, and it is recommended to check the official websites of the relevant state or territory for the most up-to-date and accurate information.

Frequently asked questions

You will need to provide documents that link your current name to the name on your Australian birth certificate or Australian citizenship certificate. If you are changing your name for the first time, you should apply for a change-of-name certificate from the Registrar of Births, Deaths and Marriages in the state where you were born.

You can use a marriage certificate or registered relationship certificate issued by an Australian Registrar of Births, Deaths and Marriages to change your surname (last name) on your passport. If you were married in Australia and want to take your partner's surname, you should apply for a marriage certificate to use as evidence of your new surname.

All applications to register a name change for a child require three forms of identity documents for all applicants. If one parent is unable to obtain the consent of the other parent named on the birth certificate, a sealed court order stating that the name change is in the child's best interest is required.

The processing time for a change-of-name certificate application varies. You can fast-track your application by paying a priority fee of $47.00, and it will be processed within 1 business day.

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