Change in Child's Surname

In order to change a child's surname both parents must consent, however, if one parent does not consent, then an Application to the Court must be made seeking approval of the change of name.

The parent must confirm what efforts and avenues have been made to try and locate the other parent to discuss the issue and also correspondence/conversations they have had with the other parent about the matter.

If an Application for Change of Name is made with the Court, the Court will consider whether the change of name is in the child's best interests (being the paramount consideration). The Court may consider:-

The need for the child to retain connection with the parent that the child does not live with;

  • The likelihood of the child experiencing confusion of identity;
  • Any embarrassment to the child;
  • The short term and long term effects.
  • If the Court makes an Order for the child's change of surname, the Court Order can then be forwarded to the NSW Registry of Birth Deaths and Marriages.