Changing the names of children

Parents of a child under 18 years of age, born in Western Australia, can apply to the Western Australian Registry of Births, Deaths and Marriages to change their child's name. The Registrar will make a decision about the request to change the child's name.

If the child was born overseas, parents can still apply to the Western Australian Registry of Births, Deaths and Marriages if:

the child is an Australian citizen or permanent resident,
the child's birth has not been registered in another Australian state or territory, and
the child (or if the child is under 12 months of age, at least one parent) has lived continuously in Western Australia for 12 months before applying for the name change.

If the child's birth was registered in another state or territory, parents will need to make an application to change the child's name in that state or territory.

Parents cannot apply to the Western Australian Registry of Births, Deaths and Marriages to change their child's name if their child has had a registered change of name in WA or another state or territory within 12 months immediately prior to the intended application.

Generally, if both parents are named on the child's birth registration, they must both agree to the name change. There are some situations where one parent can make a sole application to change their child's name.

If both parents cannot agree about a name change, a parent can ask for permission from the Family Court of WA and the court will decide whether the proposed name change is in the best interests of the child.

On this page find out more information about:

who can apply to change a child's name,
when and how an application to change a child's name can be made, and
what you can do if the other parent does not agree to the name change.

Who can apply to change a child's name?

Parents can apply to change their child's name.

If both parents are named on the child's birth registration, and they agree to the name change, they can request to change their child's name by applying to the Western Australian Registry of Births, Deaths and Marriages.

There are some situations where one parent can apply to change a child's name, including when:

the parent is the only parent named on the child's birth registration,
the other parent named on the child's birth registration has died (a death certificate must be provided), or
the parent provides an order from the Family Court of WA permitting the name change.

Sometimes a child's legal guardian can apply to change a child's name. This includes in situations where:

the child's parents have died,
the child's parents cannot be found, or
the child's parents cannot exercise parental responsibilities for the child for some reason.

If a child or young person wishes to change their name but their parents do not agree to the name change, they can ask for permission from the Family Court of WA.

How can I apply to change my child's name?

If your child is under 12 months of age and you only want to change their given name (not their family name), then you can complete a form 'BDM105 - Change a child's given name(s) within 12 month of their birth'.

If you want to change your child's family name or your child is over 12 months of age, you will need to complete a form 'BDM401 - Application to register a change of name (child under 18 years)'.

If you are applying to add other details to your child's birth certificate, you can ask to change your child's family name at the same time. This includes if you are applying to:

add details about your marriage (if you and the other parent married after your child was born), or
add details about the other parent (either the father or a person who consented to an artificial fertilisation procedure).

The relevant forms for these applications are:

BDM102 - Joint application to add marriage details in a child's birth registration,
BDM101 - Joint application to add parent's details in a child's birth registration, or
BDM103 - Joint application to add parentage and marriage details in a child's birth registration.

If your child is 12 years of age and you are applying to add details about your marriage or the other parent to their birth certificate, and also requesting to change their family name, your child must agree to the family name change and sign the application form.

What can I do if the other parent does not agree to the name change?

If the other parent is named on the child's birth registration, and does not agree to the name change, you can ask the Family Court of WA for permission. The court will only make an order allowing the child's name to be changed if satisfied this is in the best interests of your child.

Changing a child's name is treated as being part of a parenting case. The requirements about participating in Family Dispute Resolution still apply, even if you are not asking the court to deal with other parenting issues.

Some of the common things the Family Court will consider when making a decision about the proposed change include:

the reasons for wanting to change your child's name,
the short-term and long-term effects of any change,
any confusion of identify for your child if their name is changed or remains the same,
any embarrassment likely to be experienced by your child if their name is changed or remains the same,
the effect the name change would have on their relationship with the other parent,
any views the child has expressed about the name change,
the effect of frequent or random name changes,
the amount of time the child has spent with the other parent and is likely to spend in the future, and
how strongly the child identifies with each parent, and with any step, blended and extended families.

If the Family Court of WA makes orders permitting the name change, a copy of the orders must be given to the Western Australian Registry of Births, Deaths and Marriages with your application to register a change of name.

Can I stop the other parent using a different name for our child?

The first step is to tell the other parent you do not agree to them using a different name for your child. If the other parent continues to use a different name for your child, you may wish to participate in Family Dispute Resolution to try and resolve the problem.

If you are unable to resolve the problem, you may wish to apply to the Family Court of WA for orders requiring the other parent to use your child's registered name. You should seek legal advice before applying to the Family Court.

More information

Reviewed: 31 October 2024