ACTIn ForceAct
Births, Deaths and Marriages Registration Act 1997
19Application by parent to register change of child’s name
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19 Application by parent to register change of child’s name
(1) The parents of a child may apply to the registrar-general for
registration of a change of the child’s name if—
(a) the child is domiciled or resident in the ACT; or
(b) the child’s birth is registered in the ACT.
(2) An application for registration of a change in a child’s name may be
made by 1 parent if—
(a) the applicant is the sole parent named in the register or in a
register kept under a corresponding law or the law of any place
outside Australia; or
(b) the applicant is the only person with parental responsibility for
decisions about the child’s name until the child is 18 years old;
or
(c) there is no other surviving parent of the child; or
(d) for a child whose birth is registered in the ACT, the child’s
name––
(i) has been changed under a law of the Commonwealth or a
corresponding law; or
(ii) should be changed having regard to an order or finding of
any court in Australia; or
(e) the Supreme Court has approved under subsection (3) the
proposed change of name.
Examples—par (b)
• all aspects of parental responsibility are allocated to only the applicant by
operation of a parenting order under the Family Law Act 1975 (Cwlth)
• parental responsibility for making decisions about major long-term issues are
allocated to only the applicant by operation of a parenting order under the
Family Law Act 1975 (Cwlth)
• long-term care responsibility has been transferred to only the applicant under
the Children and Young People Act 2008
(3) The Supreme Court may, on application by a child’s parent, approve
a proposed change of name for the child if satisfied that the change is
in the child’s best interests.
(4) The Supreme Court must not dispose of an application under
subsection (3) unless satisfied that the registrar-general has been
notified of the application.
(5) If the parents of a child are dead, cannot be found or for some other
reason cannot exercise their parental responsibilities to a child, a
person with parental responsibility for the child may apply for
registration of a change of the child’s name.