Changing a child’s name typically occurs after a relationship breakdown, though it can happen for other reasons. Both parents must agree to the change, except in certain circumstances. Any child age 12 or over has to consent to the name change and sign the form in front of a witness.
In Victoria, changing your child’s name is allowed if:
- They are under 18
- Born in Victoria – if the child was born in another state, you must apply in that state
- Are overseas-born, but have been living in Victoria for at least 12 months prior to the application
- Both parents agree to the change (formally, on the application form)
Exceptions are made for applications from one parent if:
- One parent is named on the child’s birth certificate
- The other parent named on the child’s birth certificate is deceased- a certified death certificate is required
- A court order exists stating that your child’s name is to be changed to the new name (speak to us about this process)
Exceptions are made by a child’s legal guardian if:
- There is proof that the parents cannot be located
- Proof that the parents are deceased
- A court order is provided that instructs the name change without the parents’ consent
The process of changing a child’s legal name
Fill out the child change of name application form found on the government’s website. If you need court documents, please contact us for legal assistance.
Both parents must:
- Fill out the application form in its entirety
- Sign the application in front of a qualified witness, who also signs the application
- Submit proof of identity documents by mail or in person (by mail requires certified copies of each document; personal delivery requires the originals and photocopies to be certified in person)
- An application fee is applicable
After the change is successful
Once successful, the child will be issued with a new birth certificate or a change of name certificate if they were born overseas. You will need to be diligent in updating the child’s records in all critical areas, such as at their school, doctor, passport, bank account, etc.
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