BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1997 - SECT 19 Application by parent to register change of child's name

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1997 - SECT 19

    (1)     The parents of a child may apply to the registrar-general for registration of a change of the child's name if—

        (a)     the child is domiciled or resident in the ACT; or

        (b)     the child's birth is registered in the ACT.

Note 1     If a form is approved under s 69 for an application, the form must be used.

Note 2     A fee may be determined under s 67 for this section.

    (2)     An application for registration of a change in a child's name may be made by 1 parent if—

        (a)     the applicant is the sole parent named in the register or in a register kept under a corresponding law or the law of any place outside Australia; or

        (b)     the applicant is the only person with parental responsibility for decisions about the child's name until the child is 18 years old; or

        (c)     there is no other surviving parent of the child; or

        (d)     for a child whose birth is registered in the ACT, the child's name––

              (i)     has been changed under a law of the Commonwealth or a corresponding law; or

              (ii)     should be changed having regard to an order or finding of any court in Australia; or

        (e)     the Supreme Court has approved under subsection (3) the proposed change of name.

Examples—par (b)

              •     all aspects of parental responsibility are allocated to only the applicant by operation of a parenting order under the Family Law Act 1975

(Cwlth)

              •     parental responsibility for making decisions about major long-term issues are allocated to only the applicant by operation of a parenting order under the Family Law Act 1975

(Cwlth)

              •     long-term care responsibility has been transferred to only the applicant under the Children and Young People Act 2008

    (3)     The Supreme Court may, on application by a child's parent, approve a proposed change of name for the child if satisfied that the change is in the child's best interests.

    (4)     The Supreme Court must not dispose of an application under subsection (3) unless satisfied that the registrar-general has been notified of the application.

    (5)     If the parents of a child are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to a child, a person with parental responsibility for the child may apply for registration of a change of the child's name.

Note     A fee may be determined under s 67 for this section.