Registering & changing names
Registering a birth
A child born in New South Wales must be registered within 60 days of birth in the NSW Registry of Births, Deaths and Marriages
Both parents are responsible for having the child’s name registered and both parents must sign the birth registration form. Sometimes the registrar may accept the birth registration statement from only one parent if
satisfied that you are not able to get the signature of the other parent.
A biological father’s details can be added to a birth certificate later if the father completes a statutory declaration or if a court order is made regarding parentage.
Changing a child’s name
If both parents’ names are on the birth certificate usually both parents must apply for a name change. One parent may make the application if the applicant is the only parent named on the birth certificate. Otherwise,
children’s names can only be changed if both parents agree or by a court order.
Children aged 12 years and over must agree to the name change.
If you cannot agree about changing your child’s name you must apply to the Family Law Courts or your Local Court for an order under the Family Law Act 1975 (Commonwealth).
Either parent can apply to the court for an order seeking permission to change the name (if the other parent will not agree) or stop (restrain) a parent from registering a different name for a child.
The court will make its decision based on what is in the best interests of the child. For example, the court may look at the embarrassment a child may suffer because they have a different name from the parent they live
with, or the possibility of the child being confused by the name change. However, if both parents have a relationship with the child, the court rarely orders a name change.
Changing your own name
Generally, if you are aged over 18 you may have any name you choose so long as it is not offensive or for dishonest reasons.
If you wish to formally change your name (other than through marriage or separation) you should contact the Registry of Births, Deaths and Marriages.
Changing names when you marry or separate
Changing your name when you get married is a matter of custom – you are not required to do so. If you do change your name when you marry you usually only have to show your marriage certificate as evidence, for example, to have bank accounts and passport changed to your married name.
If you have changed your name at marriage and wish to go back to your birth name for your bank account or other, you usually show your birth and marriage certificate. This shows you are the same person.
You do not need to register with the Registry of Births, Deaths and Marriages if your name changes when youmarry or separate.
More information
Commonwealth family law
Parenting
Separation and divorce
Related websites
NSW Registry of Births, Deaths and Marriages
Dated: 2009