There may be several reasons why you would like to change the name of your child including their last name. At the time of birth, your child may have your former partner’s surname which, for whatever reason, you no longer wish to retain.
As a parent, you have decision-making responsibilities which include the ability to change your child’s name. However, there are some requirements which we will discuss further below. But first, what is decision-making responsibility?
Decision-making responsibility
“Parental responsibility” is the duties, powers, responsibilities and authority provided by law that parents have in relation to their child or children. By default and subject to court orders, each of the parents of a child has parental responsibility for that child.
“Decision-making responsibility” is the decisions to be made relating to a child’s long-term welfare and it is expected that parties consult each other on these decisions, if it is safe to do so.
“Major long-term issues” relates to the care, welfare and development of the child and is defined by section 4 of the Family Law Act[1] to include:
- The child’s education
- The child’s religious and cultural upbringing
- The child’s health
- The child’s name
- Changes to the child’s living arrangements that make it significantly more difficult for the child to spend time with a parent.
Sole vs Joint decision-making responsibility
Each parent has parental responsibility for their child, unless the Court makes an order affecting their parental responsibility. Orders the Court can make include:
- For one parent to have sole decision-making responsibility in respect of one or more aspects, or all aspects of the child’s care, welfare and development;
- For both parents to have joint decision-making responsibility in respect of some or all aspects of the child’s care, welfare and development.
In the absence of any of the above Orders, there is an expectation that parents consult each other in respect of major long-term decisions, provided it is safe to do so.
Births, Deaths and Marriages requirements
By default, each parent has the ability to change their child’s names. If there is a dispute on the child’s name and you and the other parent are not separated, you can apply to the Federal Circuit and Family Court of Australia to change the child’s name.
Previously, you would not be able to change your child’s name without both parents’ consent as Registry of Births, Deaths and Marriages required this, unless you have a Court order specifically permitting you to change your child’s name without the other party’s consent and a declaration that the name change is in the child’s best interest.
Changes to the law
On and from 1 December 2024, changes to the legislation will allow a sole parent to change their child’s name if they have sole parental responsibility under a final parenting order made under the Family Law Act 1975 in respect of ‘major long-term issues’ or ‘the child’s name’.
The amendments will apply to all existing and future parenting orders made by the Federal Circuit and Family Court of Australia regarding a child’s name, even if the order was made prior to 1 December 2024.
Summary A child’s name is significant and important to you and the child. If you need assistance with discussing this further or obtaining orders for a change of name, reach out to our team of expert family lawyers here at Dorter Family Lawyers and Mediators.