Can I Change My Child’s Surname After Separation?

Under the Family Law Act 1975 (Cth), in the absence of court Orders made to the contrary, each parent has equal shared parental responsibility for a child.

If both parents agree for a child’s surname to be changed, both parents are required to complete an application with Births, Deaths, and Marriages or equivalent organisation, in the respective state the child was born in, registering the change to the child’s name.

One parent can complete the application alone if they are the only parent named on the child’s birth certificate, if the other parent is deceased, or if a court has specifically approved the new name for the child. 

In New South Wales, a child’s name can only be changed once in a 12-month period, and 3 times during their life.

If the parents cannot agree whether the child’s name should be changed, and the parents have equal shared parental responsibility for the children, the parents will be required to attend mediation as part of the genuine steps to resolve the dispute before proceedings can be commenced in court seeking that the child’s name be changed. 

If an agreement cannot be reached between the parties either through correspondence or at mediation in relation to the change of name, commencing court proceedings may be a necessary step to resolve the matter. 

The court will also consider applications in relation to a change of the child’s name from individuals who have assumed parental responsibility of the child. This may include aunts, uncles, grandparents etc.

If proceedings are commenced, the court will consider a variety of factors in determining whether the child’s name should be changed.

In the matter of Chapman v Palmer [1978] FamCA 86, the court found that the following factors should be considered when determining whether there should be any change to the surname of a child:

The welfare of the child is the paramount consideration.

The short and long-term effects of any change to the child's surname.

Any embarrassment likely to be experienced by the child if their name is different from that of the parent they live with.

Any confusion of identity which may arise for the child if their name is changed or is not changed.

The effect that any change in surname may have on the relationship between the child and the parent whose name the child previously bore.

The effect of frequent or random changes of name.

The court will determine the matter in accordance with the best interests of the child. The court may ultimately decide that the child’s name should not be changed depending on the circumstances. 

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