Joint consent is required for Changing Child’s Surname
Section 4 of the Family Law Act (Cth) 1975 considers changing a child’s surname to be a major long-term issue in relation to the care, welfare, and development of a child.
In Queensland, a child’s surname can only be changed with the consent of both parents listed on the child’s birth certificate.
If there is consent by both parents, a joint application to the Registry of Births, Deaths and Marriages can be made. Importantly, if a child is 12 years or older, then the child must also consent to the change of name.
If joint consent cannot be obtained, the parent seeking the name change should obtain independent legal advice as there are certain factors which must be considered.
Exemptions to joint consent
A single parent may only apply to change their child’s name if one of the following exemptions apply:
You are the mother of the child and there are no details for your child’s father on the birth certificate.
There is an order from the Queensland Magistrates Court which specifically orders a change of name.
One parent is deceased (evidence of the death is required).
It is important to note that a parent with sole parental responsibility under a Family Court order can not apply to change their child’s name unless there is an explicit order from the Court stating that they may do so.
Important considerations for changing child’s surname
The Court will consider the following factors when making a decision with respect to changing a child’s name:
The best interests of the child.
Confusion of identity.
Short and long-term effects of name change.
Effect on child’s relationship with their father.
Embarrassment if name is different from mother’s.
Effect of frequent or random changes of name.
Short and long-term advantages to child of no change of name.
Extent of contact (now, time) with the father (past and future).
The extent to which a child identifies with the father.
The extent to which a child identifies with the mother and her new partner.
Degree of identification with a child to be born to mother and new partner.
The desire of the father that his name be restored.
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For more information, please visit our website: changing a child’s surname