Changing a Child's Name

Sometimes parents or a parent of a child wants to change the child’s name. A change of name often arises when the primary parent of a child remarries or re-partners and wants the child to share the same surname as the rest of the family or other siblings.

A child’s name can be changed in two ways. It can be changed by agreement between both parents or by a court order.

Changing a child’s name by agreement

A child’s name can be changed by agreement if:

• The child was born in Victoria or if born overseas has lived in Victoria for at least 12 months;
• Both parents consent to the change of name;
• The child consents to the change of name if the child is at least 12 years old;
• The appropriate application form from Births Deaths and Marriages Victoria is completed and signed by the parents and the child (if the child is at least 12 years old);
• The completed application form, any required documents and the payment of the appropriate fee are lodged with the Registry of Births Deaths and Marriages Victoria;
• Upon the Registrar of Births Deaths and Marriages Victoria agreeing to the name change then a new birth certificate for the child will be issued.

Changing a child’s name by court order

A child’s name can be changed in Victoria when one parent does not consent to the change of name if:

• The child was born in Victoria or if born overseas, has lived in Victoria for at least 12 months;
• The court approves the change of name;
• The child consents to the change of name if the child is at least 12 years old;
• The appropriate application form from Births Deaths and Marriages Victoria is completed and signed by the applying parent and the child (if the child is at least 12 years old);
• The completed application form, any required documents and the payment of the appropriate fee are lodged with the Registry of Births Deaths and Marriages Victoria;
• Upon the Registrar of Births Deaths and Marriages Victoria agreeing to the name change then a new birth certificate for the child will be issued.

The required court approval is a court order approving the change of the child’s name. A court will only make an order approving the change of name if it is in the best interests of the child. The matters that a court takes into account when considering if to make an order to change a child’s name include:

• Any embarrassment that the child is likely to experience if the child’s name is different from the name of the parent that the child normally lives;
• Any confusion of identity for the child if the name is or is not changed;
• The relationship that the child has with the other parent.

It is important to note that a sole parental responsibility order will not be enough to change the name of a child without the consent of the other parent. A specific order is required.

The requirements to obtain a court order to change a child’s name are very technical and it is important to have advice from experienced family lawyers to ensure that you have the best chance of obtaining a court order approving a child’s change of name.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.