Ruqayyah Snyder
If you are under 18 and want to change your name in Australia, your parents or legal guardians must complete the application on your behalf. The requirements vary depending on the state, but generally, the child must be over 12 months old, and the applicant must provide identity documents and evidence of citizenship or residency. In some states, both parents must complete the application, but if one parent is unable to obtain the consent of the other, a court order may be required. There may be fees involved, and processing times may vary depending on the completeness of the application and the validity of the identification provided.
| Characteristics | Values |
|---|---|
| Who can apply | All parents named in the child's birth registration or the child's legally appointed guardians. |
| Child's age | After 12 months of their birth and up to 18 years of age. |
| Child's place of birth | The child was born in the state or their birth is registered in the state. |
| Child's citizenship | If the child was born outside of Australia, they must be an Australian citizen or permanent resident. |
| Child's residency | The child has lived continuously in the state for 12 months prior to the application. |
| Parent's consent | Both parents must complete the application. If one parent is deceased, the other parent must provide evidence of death. |
| Court order | If one parent cannot obtain the consent of the other, a sealed court order stating that it is in the child's best interests to have their name changed is required. |
| Number of name changes | A person can change their name only once in a 12-month period and three times in their lifetime. |
| Application process | The application form for a child under 18 years of age is BDM401 Register a Change of Name. Applications can be made online. |
| Fee | There is a fee attached to the application, which varies depending on the choice of certificate. |
| Identity documents | Three forms of identity documents are required for all applicants. |
| Proof of residency | If the child was born outside of Australia, proof of residency is required. |
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What You'll Learn
Parental consent and application
To change the name of a child under 18 in Australia, both parents must complete the application. If the child is 12 years or older, you cannot change their name without their consent.
If one parent is unable to obtain the consent of the other parent, a sealed court order from the Family Court is required, stating that the name change is in the child's best interest. Where one parent is deceased, the living parent must provide evidence of the other parent's death.
In Western Australia, if the child was born in the state or their birth is registered there, the parents can apply to the Registry of Births, Deaths and Marriages to register a change of name. If the child was born outside of Australia, the parents will also need to provide evidence of the child's citizenship or permanent resident status.
In New South Wales, you can only change your name once in a 12-month period and three times in your lifetime. Applications may be delayed if they are incomplete, do not include valid identification, or the fee hasn't been paid.
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Child's consent
In Australia, the laws regarding a child's consent to change their name vary across states and territories. Here are the guidelines for different regions:
Victoria
In Victoria, both parents listed on the birth certificate typically need to complete the application to change a child's name. If the child is 12 years or older, their consent is required, and a consent form must be attached to the application. This underlines the importance of the child's agreement and ensures their active participation in the process.
Western Australia
In Western Australia, the requirements for changing a child's name include the involvement of both parents or legal guardians. If one parent cannot obtain the consent of the other, a sealed court order from the Family Court is necessary. This order should state that altering the child's name is in their best interests. The law recognises that the child's consent or understanding of the decision may be a factor in the court's determination.
New South Wales
In New South Wales, both parents must complete the application to change a child's name. While there is no explicit mention of the child's consent, the Births, Deaths and Marriages Registration Act 1995 governs the process, ensuring the child's best interests are considered.
Queensland
Queensland's guidelines specify that an adult born or adopted in the state can apply to legally change their name. However, there is no specific mention of the process for minors or the requirement for a child's consent.
South Australia
In South Australia, the Births, Deaths and Marriages Registration Act 1996 (SA) governs name changes. While it doesn't specify the child's consent, it allows either parent to apply to the South Australian Civil and Administrative Tribunal for an order to change the child's name if there is a disagreement between the parents. The Act ensures that the child's best interests are considered in such decisions.
It's important to note that the information provided here may not be exhaustive, and specific details may vary depending on the unique circumstances of each case. For the most accurate and up-to-date information, it is recommended to consult official government sources or seek legal advice relevant to your specific state or territory.
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Identity documents
To change the name of your child (under 18 years old in Australia, both parents must complete the application. If the child was born outside of Australia, the applicants will also need to provide evidence of the child's citizenship or permanent resident status.
In Western Australia, all applications to register a change of name for a child require three forms of identity documents for all applicants applying to change a child's name. In New South Wales, you must enclose copies of your identity documents and bring your original identity documents with you to a Service NSW Centre.
The Registry of Births, Deaths & Marriages will need to verify your identity before processing the change of name application. The identity documents collected must contain one document with your name in full. For example, only the first initial on every document is not acceptable. If your documents are in different names because your name has been changed due to marriage, divorce, etc., you'll also need to provide one of the following:
- Australian marriage certificate issued by a state or territory registry
- Australian change of name certificate issued by Australian Births, Deaths and Marriages
- Australian divorce order (issued by the Family Court)
Other documents that can be used as proof of identity include:
- Current passport issued by a country other than Australia supported by your current Australian visa document
- Current proof of age or photo identity card issued by an Australian Government agency in the name of the applicant, with a signature and photo
- Current shooters or firearms licence showing a signature and photo (not minor or junior permit or licence)
- Current Australian tertiary or secondary student photo identity document (if it does not have an expiry date and has only issue date, accepted up to 2 years from the date of issue)
- Academic transcript from an Australian university up to 12 months from the date of issue
- Current credit or account card issued by a bank, building society, credit union, American Express or Diners Club International
- State or territory government rates assessment notice up to 12 months old
- Australian Utility bill showing the applicant’s name and address up to 12 months old
- Bank statement or letter up to 12 months old, issued by a bank, building society, credit union, American Express or Diners Club International including the applicant's account number or account type, and financial institute letterhead or financial institute branch stamp
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Application forms
To register a change of name for a child under 18 years of age in Australia, both parents must complete the application. If the child was born in Western Australia or has their birth registered in Western Australia, the parents must apply to the Registry of Births, Deaths and Marriages in Western Australia. If the child was born in New South Wales or has their birth registered in New South Wales, the parents must apply to the NSW Registry of Births, Deaths & Marriages. The quickest way to apply for a change of name is online.
If the child was born overseas, the parents will need to provide evidence of the child's citizenship or permanent resident status. If the child was born in Australia, the parents will need to provide one of the following:
- A full birth certificate
- An extract of birth certificate
- A certificate of registration by descent
- A NSW Corrective Services Certificate
- A printed immunisation history record from the Australian Childhood Immunisation Register (if applicable)
If the child was born overseas, the parents will need to provide four documents – one document per year over three years, with the most current being less than three months old. Documents may include:
- Centrelink family payment advice
- Three POI categories and a fourth category to confirm the NSW residential address (if necessary)
- Two separate forms of documentary evidence to show that the parents have been living continuously in Western Australia for 12 months immediately prior to the date of application
If the child is over 12 and the parents cannot provide photo ID, they will need to attach a passport-sized photo of the child signed by a guarantor.
If one parent is unable to obtain the consent of the other parent named in the child's birth certificate, a sealed court order from the Family Court is required, stating that it is in the child's best interest to have their name changed. If one parent is deceased, the other parent must provide evidence of the death.
In New South Wales, there are three POI categories and a fourth category to confirm your NSW residential address (if necessary). You need to provide one document from each category. If you cannot provide photo ID, you'll need to attach a passport-sized photo signed by a guarantor.
In Western Australia, three forms of identity documents are required for all applicants applying to change a child's name.
In New South Wales, you can only change your name once in a 12-month period and three times in your lifetime.
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Processing times
New South Wales (NSW)
The NSW Government website does not specify a standard processing time for name change applications. However, it mentions that processing may be delayed if an application is incomplete, does not include valid identification, or if the fee is not paid. Additionally, it is important to note that certificates are delivered by registered post, and processing times do not include delivery. Therefore, the total time taken to receive a name change certificate may depend on delivery times.
Victoria
The Victorian Government website also does not specify a standard processing time. However, they state that once they have received all the required documents, they will complete the application within certain processing timeframes. They will then send an email notification when the certificate has been posted. They advise allowing extra time for public holidays and postage.
Western Australia (WA)
While exact processing times are not specified, the WA Government website mentions that applications for name changes must be accompanied by proof of residency. This typically includes evidence of living continuously in WA for the preceding 12 months. In extraordinary circumstances, the Registry may accept older evidence, but only if it clearly links to other forms of evidence of residency in WA. Therefore, gathering the required documentation within the specified timeframe may impact the overall processing time for name change applications in WA.
South Australia (SA)
The SA Government website does not provide specific information on processing times for name change applications. However, it mentions that birth certificates, which include name changes, are issued and regulated at the state and territory level. Therefore, processing times may vary depending on the specific state or territory's Registry of Births, Deaths, and Marriages.
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Frequently asked questions
All parents named in the child's birth registration or the child's legally appointed guardians can apply to the Registry of Births, Deaths and Marriages to register a name change for a child under 18. If one parent is unable to obtain consent from the other parent, a sealed court order stating that the name change is in the child's best interest is required.
Three forms of identity documents are required for all applicants applying to change a child's name. If the child was born outside of Australia, applicants will also need to provide evidence of the child's citizenship or permanent resident status.
When a family applies to change their name together, applications for children under 18 are free of charge.
