Children's names
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A birth certificate is the official document that records a child's name. If your child is born in Queensland their birth must be registered in the Registry of Births Deaths and Marriages. When the child's birth is registered, a birth certificate will be created and you can get a copy of it at the Queensland Registry of Births, Deaths and Marriages. Usually parents agree on the name to go on the birth certificate and register the birth. If you cannot agree, or if you want to change your child's name at a later stage, there are some legal steps you can take.
What if we cannot agree about a name for the birth certificate?
You cannot register a birth without the other parent's signature unless:
- the other parent is dead or
- their whereabouts is unknown or
- the father's identity is unknown.
If you cannot agree on the name to be registered, then either parent can apply to the state magistrates court to decide the name for the birth certificate. If neither parent applies to court, the Registrar of Births, Deaths and Marriages can choose a name to go on the birth certificate.
How do I change my child's name?
To officially change a child's name on their birth certificate, both parents apply to the Registry of Births, Deaths and Marriages. You can do this in Queensland if the child's birth or adoption was registered here or if your child was born outside of Australia but now lives here. If your child's birth is registered in another Australian state, you should contact that state's registry.
If your child is 12 years or older, they must agree to the change, unless a court approves it.
There are limits on how many times you can change your child's name. These are:
- once in the first 12 months after birth and then once before the child reaches 18 years of age
- for surnames only, once in every one year period.
If you are the only parent shown on the birth certificate, or if the other parent is dead, then you can change the name in the Registry on your own.
Sometimes people just start to use another name for their child without registering a change. This is not illegal.
What happens if the other parent does not agree with the name change?
A child's name is one of the important issues which parents are expected to agree about. If one parent starts to use a new name for the child without the other parent's agreement, then the other parent can apply to the federal magistrates court or family court to decide the name to be used.
If the dispute is about registering the child's change of name, then either parent can apply to the state magistrates court for an order for the name to go on the register.
If you have a dispute with the other parent about the name, you should get legal advice
If your child's birth is registered in another state of Australia, you should contact the Registry of that state.