There are two instances to consider when changing a child’s name QLD:
- If they were born or adopted in Queensland
- If they were born or adopted overseas
The name you give your child is one of the most important decisions you will ever make. It is a name that they will carry with them for the rest of their lives. But what if you change your mind? What if you realise that your chosen name is not the right name for your child?
If the Child Is Born or Adopted in QLD
In case the child is born or adopted in Queensland, you can change their name either:
If you want to change your child’s name, these are the documents you need to prepare:
- certified proof of ID for both parents
- evidence explaining why your name or the child’s current name is different from the name on their birth certificate, such as a marriage certificate, family deed poll document, or change of name document.
However, submitting all these will not guarantee approval. Your application will not be approved if:
- you have not provided enough documentation to establish your identity
- the change of name appears to be for a fraudulent or another improper purpose
- the name you’ve chosen is a prohibited name.
If the child is born or adopted overseas, you may read more about the details and process here.
Five Things to Remember When Changing A Child’s Name QLD
1. Know the Rules for Changing Your Child’s Name.
Here are the rules for changing your child’s name before their first birthday:
The parent must have/have not done the following:
- not have changed their first names before
- have consent from the parents shown on your child’s birth certificate
- choose a new name that is not a prohibited name.
On the other hand, these are the rules if the change is done between the age of one and 18:
The parent must:
- not have changed your child’s first name before or only before their first birthday
- not have changed your child’s family name in the past 12 months
- have consent from the registered parent(s) on your child’s birth certificate
- have your child consent to changing their name (if aged 12 to 17)
- choose a new name that is not a prohibited name
- give a detailed reason for your child’s name change.
2. Make Sure the Applicant for a Change of Name is Eligible.
Only the following individuals can initiate the change of a child’s name in QLD:
- A single parent who is the child’s mother and there are no details for your child’s father on the birth certificate.
- A single parent who has a Queensland Magistrates Court order that specifies the child’s name on their birth certificate and the proposed new name.
Note that if any one parent is deceased, the application will require a death certificate.
- A legal guardian appointed under the law or the Australian government who has:
- An evidence of legal guardianship issued by a court
- A Queensland Magistrates Court order that specifies the child’s name on their birth certificate and the proposed new name.
- If both parents are shown on a child’s birth certificate, we need both parents’ consent to change the child’s name.
- A person with sole parental responsibility under a Family Court order can’t apply to change their child’s name, unless the order explicitly states that the person can change the child’s name to a specific new name.
3. Familiarise Yourself With the Application Process.
Here is the step-by-step process for the change of a child’s name application:
| Steps | Before the first birthday | Between ages 1 and 18 |
| 1 | Understand and comply with the rules. | Understand and comply with the rules. |
| 2 | Answer the questions and complete the form here. | Review your details and make sure they are correct. Your application will take longer if your documents and payment details are not correct. |
| 3 | Review your details and make sure they are correct. Your application will take longer if your documents and payment details are not correct. | Read the email the QLD government will send you to find out how to finalise your application. |
| 4 | Have your proof of ID and supporting documents for both parents certified by a Justice of the Peace or another authorised person. | As required, attach certified proof of ID for both parents and the correct certified supporting documents. |
| 5 | Have another adult (18 or older) witness your signature(s) on the declaration section of the application form. This includes your child’s signature if they are aged 12 to 17. | Have another adult (18 or older) witness your signature(s) on the declaration section of the application form. |
| 6 | Submit your signed application form, supporting documents, and payment by post or in person. | Submit your signed application form, supporting documents, and payment (if you chose not to pay online) by post in person by requesting an appointment at the Brisbane registry customer service centre. |
| 7 | Pay the fee. You can pay online via credit card (Visa or Mastercard), at customer service, or through mail. Cash is accepted at the customer service centre, but they prefer contactless payments such as EFTPOS or credit card. | Pay the fee. You can pay online via credit card (Visa or Mastercard), at customer service, or through mail. Cash is accepted at the customer service centre, but they prefer contactless payments such as EFTPOS or credit card. |
Legal Advice for Changing A Child’s Name QLD
Note that the application processing runs from 3 to 7 Days from submission. Lastly, if your application is approved, you will need to contact every organisation your child is registered with, and you will need to change your child’s name everywhere they are registered in the community.
If you have a dispute with the other parent about changing your child’s name, the process of changing the name will be more complex. In most cases, both parents must agree to the name change in order for it to be approved.
However, there are some exceptions to this rule. For example, if one parent is unfit or the name change is in the child’s best interests, the court may approve the name change even if the other parent does not agree.
Thus, you must seek legal advice on what to do about that. JB Solicitors can give you legal advice and take legal actions if you have a dispute with the other parent about your child’s name and are considering applying to the Magistrates Court for an order. We can also help determine if sole parental responsibility or equal shared parental responsibility is necessary for child custody disputes.
Contact us today.
