If your child was born in Queensland, you can apply to the Queensland Registry of Births, Deaths and Marriages to change their name.
A child’s surname can be changed as often as once every 12 months. However, a child’s first name can only be changed once before their first birthday and once more between the ages of 1 and 18. If the child is over 12 years old, their consent is required to process the name change.
To change a child’s name, the application must include the consent of both parents listed on the child’s birth certificate. A single parent may apply if:
- Sole Parent: They are the sole parent named on the child’s birth certificate
- Deceased Parent: The other parent is deceased, with a copy of their death certificate provided as supporting evidence; or
- Order: They hold an Order from a Queensland Magistrates Court permitting the name change
Legal guardians can also apply to change the child’s name, provided they can demonstrate proof of legal guardianship. Where one guardian is deceased or refuses consent, the other guardian may apply under the conditions outlined in points 2 and 3 above.
An Order from the Federal Circuit and Family Court of Australia granting sole parental responsibility is not sufficient by itself to change a child’s name unless the Order specifically directs that the child’s name is to be changed to a particular new name. Orders for sole parental responsibility may, however, assist in obtaining an Order from a Queensland Magistrates Court.
How to Obtain an Order from a Queensland Magistrates Court
To request an Order to change a child’s name, an application must be lodged with the Queensland Magistrates Court. This application should specify the child’s current name and the proposed new name.
The Magistrate will assess whether the proposed name change is appropriate by ensuring that:
- The proposed name is not prohibited
- The change is in the best interests of the child
When determining whether the name change aligns with the child’s best interests, the Magistrate may take into account factors such as:
- Whether the child’s name has been changed in the past
- The opinions of the child’s parents or guardians regarding the name change;
- The child’s own views on the matter;
- The potential impact of the name change on the child’s life; and
- The child’s cultural, ethnic, or Indigenous heritage and whether the name change may negatively affect their identity.
If the other parent does not consent, the applying parent will need to serve the application on them. The Magistrate will then hear and evaluate both parties’ perspectives before making a determination.
What to Do After Obtaining a Magistrates Court Order
Once you have obtained an Order from the Queensland Magistrates Court, you can complete the application process by submitting the Order and required supporting documents to the Queensland Registry of Births, Deaths and Marriages. The name change will be officially recorded on the child’s birth certificate.
The blog published by SM Family Law is intended as general information only and is not legal advice on any subject matter. By viewing the blog posts, the reader understands there is no solicitor-client relationship between the reader and the blog publisher. The blog should not be used as a substitute for legal advice from a legal practitioner, and readers are urged to consult SM Family Law on any legal queries concerning a specific situation.
