Can I change my child's surname?

If both parents consent to a child’s name being changed, they can apply to the Registry of Births, Deaths and Marriages at any time to have the child’s name changed.

However, in some cases only one parent will want to change a child’s name, most commonly their surname. Examples where this often arises include when one parent has had limited involvement in a child’s life or one parent has re-married and had further children and wishes for all of the children to have the same surname.

If it is a case where both parents do not consent to the name change, the Court has the power to make an order that the Registry of Births, Deaths and Marriages registers a change in a child’s name.

The overall test for the Court when considering issues regarding children is what is in the best interests of the child. When considering if an application to change a child’s surname is in the best interests of the child, the Court’s paramount consideration will be the welfare of the child.

The Court will also take into consideration:

• Short and long-term effects of the change on the child

• Any embarrassment to the child

• Any confusion of identity

• Any effect a change in name would/may have with the parent whose name the child bore in the relationship

• Advantages both short and long term

• The degree of identification the child has with the father, mother and any siblings

When considering making an application to the Court that a child’s name is changed it is important to consider the risks. Whilst you may seek orders that simply the child’s name is changed, the other party can file responding material seeking orders that change the current parenting arrangements. If this happens, the Court considers all matters before the Court, not only the change of name.

For specific advice on making an application to the Court that a child’s name is changed contact our Family Law team.