The Law Handbook 2024

310 Section 4: Relationships, families and young people Names and marriage It is a custom for a woman to take her husband’s surname. There is no law that says she has to. She may keep her ‘maiden’ (pre-marriage) name or combine her own surname with that of her husband. Her husband has the same range of choices. If a woman who used her husband’s (or her former husband’s) name on her marriage certificate wishes to begin using her maiden name again, all she needs to do is to start using that name again. As her birth certificate (or perhaps her citizenship certificate) will still be in her maiden name, she has written proof of her maiden name. However, it is important that she let people know. If you marry overseas, note that some organisa- tions do not accept overseas marriage certificates as proof of your right to use your spouse’s surname. This means that you need to provide proof that you have changed your name, in the form of a new birth certificate or a change of name certificate. To obtain these certificates, apply to register your new name with BDM Vic; see ‘Registering a new name’, above. In proceedings under the Family Law Act 1975 (Cth), if any party changes their name after the start of a case, the court and the other parties must be provided with written notice of the name change (see r 2.16 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)). A child’s name Naming a child Under the BDMR Act: • a child’s name can be registered under any name, rather than only under the name of one or both of the parents; • the BDM registrar can assign a name to a child if the child’s proposed name is a prohibited name, or if both parents satisfy the BDM registrar that they are unable to agree on the child’s name; • if there is a dispute between the parents about a child’s name, either parent can apply to the Federal Circuit and Family Court or the County Court of Victoria to resolve the dispute. The court can make an order requesting that the BDM registrar register the child’s name as specified in the order (note that there is no specific provision in the Family Law Act 1975 (Cth) that grants power to a court to order the BDM registrar to record a new name, but courts will do this if it is in the child’s best interest). The above information relates to the naming of a child after birth. There are additional rules that apply to the registration of the child’s birth and parentage details (see www.bdm.vic.gov.au/baby) . Changing a child’s name Restrictions to changing a child’s name Restrictions apply to changing a child’s name: • A person under the age of 18 cannot apply to register a change to their name unless they are married or have been married. • For a child born in Victoria, the parents of a child under the age of 18 can apply to BDM Vic to register a change of name. If the child was born interstate, the parents must apply to the relevant Births, Deaths and Marriages Registry in that state. If the child was born overseas but has lived in Victoria for at least the last 12 months, the parents can apply to BDM Vic to register the name change. • A parent does not have the right to unilaterally change a child’s family name, even if they have the primary care of the child. Such a change requires the consent of both parents or a court order. • One parent can apply to register a change to their child’s name if that parent is named as the sole parent in the child’s birth registration (or under any other law), or they are the only surviving parent, or if a court approves the parent’s proposed name change (a court will approve a proposed change if it is in the child’s best interest). • A child’s guardian can apply to register a change to the child’s name if the child’s parents are dead, cannot be found, or cannot exercise their parental responsibilities. • If the child is 12 years or older, they must consent to changing their name unless the BDM registrar is satisfied that the child is unable to understand the meaning and implications of the name change. This provision may need to be taken into account in any court proceedings. • TheBDMregistrar can refuse to register any change to a child’s name if, as a result of registration, the new name would become a prohibited name (the