Amendments to the Births, Deaths and Marriages Registration Act commenced on 1 December 2024 enabling sole parents to change their child’s name in certain circumstances.
Parents seeking to unilaterally change their child’s name require court orders granting them sole parental responsibility under the Family Law Act allowing them to make decisions about major long term issues relating to the child, or a specific court order enabling the parent to change the child’s name.
Importantly, the legislation is retrospective. That means that parents with relevant orders granting them sole parental responsibility before the legislation was enacted also qualify.
Sole parental responsibility orders are made when the court is satisfied that the parent seeking sole parental responsibility has, for a substantial period of time, been the main parent exercising parental responsibility to the exclusion of the other parent.
Orders can also be made for one parent to have sole parental responsibility about specific aspects of a child’s welfare, such as education or medical issues. Such orders enable the parent with sole parental responsibility to make decisions about the child’s welfare without consulting the other parent.
The Federal Circuit and Family Court of Australia as well as the NSW District Court have jurisdiction to decide disputes about a child’s name and approve applications seeking a child’s change of name.
The criteria for such decision will depend on whether it is in the best interests of the child to make such an order, including if the child’s name is different from the parent they live with, how the child’s name impacts their identity, and the relationship the child has with the other parent.
