Can I change my child’s name in South Australia?

Part 4 of the Births, Deaths and Marriages Registration Act 1996 (SA) sets out the requirements for registering a change of a child’s name.

Section 24 sets out the eligibility requirements for applying for the child’s name change, the child must be:

• Under 18 years of age; and
• Born in South Australia; or
• Born overseas AND a permanent resident in South Australia for at least twelve consecutive months immediately before the date of the application.

If the parents agree to the proposed name change, an application can be completed and posted to Births, Death and Marriages https://www.cbs.sa.gov.au/sites/default/files/change-of-name-child-application-form-bdm_update_2020.pdf
An application for registration of a change of a child’s name requires the consent of both parents unless:

• The applicant is the sole parent named in the registration of the child’s birth under this Act or any other law; or
• There is no other surviving parent of the child; or
• The Tribunal approves the proposed change of name.

If the parents cannot reach an agreement, the parent requesting that the child’s name be changed can apply to the South Australian Civil and Administrative Tribunal (otherwise known as SACAT).
The other parent has the opportunity to oppose the proposed name change.

Section 25 (3) outlines the test for approving a proposed change of name for a child. SACAT must be satisfied that the change in name is in the child’s best interest. The relevant considerations SACAT must take into account when making an assessment as to the best interest of the child are:

• The welfare of the child is the primary consideration and must be determined on the facts of the particular case. The desires of the parents are of secondary importance;
• 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 with primary care and control;
• Any confusion of identity which may arise for the child if their name is changed or is not changed;
• The effect which any change of surname may have on the relationship between the child and the parent whose name the child bore during the marriage/ relationship;
• The effect of frequent or random changes of name;
• The advantages both in the short term and in the long term which will accrue to the child if their name remains as it is now;
• The contact that the other parent has had and is likely to have in the future with the child and
• The degree of identification that the child will now have with each parent.

Any assessment as to the best interest of the child is based on the merits of the matter, SACAT have generally demonstrated reluctance to change a child’s name on the basis that it would not to be in the child’s best interest to eliminate the aspect of their name that reflects their cultural heritage and family connections.

The FCFCOA do not have the power to make orders changing a child’s name however, the FCFCOA may make Parenting Orders providing for the name by which the child is to be known by; for example, the name to be used when enrolling the child in school or kindergarten.