WHEN YOU ARE BORN, and in this instance say in the State of Queensland, your name is registered with the Registrar-General of Births, Deaths and Marriages and this is then considered your legal name. However there are occasions when a person wants to change their name. Although a person can use another name informally simply by just adopting another name this is not recognised as changing the name legally as the name change has not been registered pursuant to the act that governs this area, namely the Births, Deaths and Marriages Registration Act 2003 (Qld) (“the Act”).
To formally register a change of name, an application in the relevant form needs to be completed and submitted to the Registrar-General of Births, Deaths and Marriages. As an adult this is a relatively simple process of completing the relevant Form 4 (or Form 5 in some specific circumstances), providing three forms of appropriate identification and photo ID as well as paying the relatively modest filing fee.
People are generally entitled to change their name to any name they wish and as many times as they wish however with the following limitations:
- The new name must not be used with the intention of defrauding another person;
- The new name must not be considered offensive;
- There is only one name change in any one 12 month period.
Changing a child’s first names can only be done once before the child turns one and then a second time but for one occasion only between the age of one and 18 (before the child turns 18). If the child is over the age of 12 then the child’s consent to the name change must also be obtained and noted. If only one parent is requesting the child’s name change then the court’s approval may also be required.
The Act will even allow an adult who is not married to make an application to note that person’s “sexual reassignment” – or change of gender – as long as the application is accompanied by two statutory declarations from doctors verifying that the surgery occurred.
The old system for formal name change of using deed poll was an expensive and time-consuming process requiring the person to obtain approval for the name change from the Supreme Court. This is no longer necessary with the Act providing a process for name change which is vastly improved making it relatively easy, quick and cheap.
Tove Easton
Principal Lawyer
eastonlawyers
62 Maple Street, Maleny Ph 5494 3511
6b/3 Obi Obi Road, Mapleton Ph 5478 6500
tove@eastonlawyers.com.au
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