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A child born in Victoria must be registered within 60 days of birth with the Registry of Births, Deaths and Marriages.
A child is registered with a Birth Registration Statement. Both parents are responsible for registering the birth and both parents must sign the statement.
In very special circumstances the registrar may accept the Birth Registration Statement from only one parent if:
If both parents are recorded on the birth certificate, both parents must apply for a name change. If there is only one parent named on the birth certificate, this person can apply by themselves.
Otherwise, a child’s name can only be changed if both parents agree or if a court orders it. If your child is over 12 years, they must also agree to the name change.
If you cannot agree about changing your child's name you must apply to the court for an order under the Family Law Act 1975 (Commonwealth). The court will only make an order to change a child's name if it is satisfied that it's in the child's best interests.
Generally, if you are over 18 you may have any name you choose as long as it's not offensive or you are not changing it for a dishonest reason.
If you want to formally change your name (other than through marriage or separation) you should contact the Registry of Births, Deaths and Marriages.
If you change your name to your partner’s name or a combination of your names when you marry, you usually only have to show your marriage certificate to prove it, for example, if you are changing bank or passport details.
If you marry overseas some places like the passports office and VicRoads may require you to register a change of name.
If you changed your name when you married but have separated and wish to go back to your birth name, you usually show both your birth and marriage certificates to prove you are the same person.
You do not have to register these name changes with the Registry of Births, Deaths and Marriages.
You and family law: a short guide
Victoria Legal Aid doesn’t give legal advice about registering births or changing names, but our free Legal Information Service may be able to give you some information over the phone. We may also be able to refer you to another organisation that can help you. You can speak to a legal information officer in English or ask for an interpreter.
Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
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