The Law Handbook 2024

308 NOTE The law in this chapter is current as at 1 September 2023. Changing a name Introduction This chapter explains: • how you can change your name; • what happens to your name when you marry; • what family names (i.e. surnames) you can give a child; • how children’s names can be changed; and • how a child’s birth certificate can be changed. Assuming a new name Any person over the age of 18 years can assume a new name simply by consistently using a new name. According to section 30 of the Births, Deaths and Marriages Registration Act 1996 (Vic) (‘ BDMR Act ’), a new name is to be recognised if it is established by reputation or usage. Provided you do not assume your new name for a criminal purpose, you are free to call yourself what you like, and to assume a new name whenever you like. However, most government departments (e.g. Centrelink and the Australian Passport Office) and financial institutions often require photo identification and may refuse to deal with you under your informal assumed name. Therefore, for official purposes, you should consider changing your name using a formal name change process. ‘Changing a name’ includes adding, omitting or substituting names. Registering a name and changing a name are dealt with in Parts 3 and 4 of the BDMR Act, respectively. Registering a new name If you need written proof of a name change, you need to register a change of name with the Births, Deaths and Marriages Registry in your birth state. If you were born in Victoria, you should: • obtain an application form to register your new name from Births, Deaths and Marriages Victoria ( BDM Vic ), together with certified copies of your identity documents; and • fill out the form and lodge it at BDM Vic; and • pay the registration fee to register a new name and get a certificate of name change (as at 1 September 2023, the fee is $136.80 plus postage; the fee changes each year). Forms can be lodged at the BDM Vic office or via www.bdm.vic.gov.au. Applications for change of name registration and certificates usually take 12 weeks to be processed. If you need your application processed by a specific time, contact BDMVic (see ‘Contacts’ at the end of this chapter). BDM Vic’s policy is that a person can only register one new name in any 12-month period and only three times in their lifetime. You can apply to change your record of sex at the same time as you apply to change your name. Who can register a new name in Victoria? If you are an adult who has been living in Victoria for the last 12 months, or if your birth is registered in Victoria, you can apply to register a new name in Victoria. For a child younger than 18 – who was born in Victoria, or who was born overseas but has been living in Victoria for the last 12 months – their parents may apply to register a new name (see ‘Changing a child’s name’, below). If you were born outside Victoria (but within Australia) and your birth was registered interstate, you must apply to the Births, Deaths and Marriages Registry in the state or territory you were born in. The same applies to children. If you were born overseas and wish to register a new name in Victoria, there are special requirements thatmust be satisfied. Youmust provide proof of your 4.5 Changing your name Contributor: Talya Faigenbaum, Principal Lawyer, Nest Legal