After a separation or divorce in Queensland, family dynamics often change — including decisions about a child’s surname. Whether the goal is to match a primary carer’s surname, reflect a blended family, or distance from a difficult situation, the reasons are personal. With parental responsibility governed by federal law, changing a child’s last name isn’t always straightforward, particularly when parents don’t agree.
This guide explains the rules, who can apply, when the court becomes involved, and the steps to make a change legally in Queensland.
Please note: this is general information only and not legal advice — please contact VM Family Law for accurate, tailored advice. Our full contact details can be found here: https://www.vmfamilylaw.com.au/contact/
Is Changing a Child’s Last Name Allowed After Separation?
Yes. In Queensland, a child’s name can be changed through the Registry of Births, Deaths and Marriages if legal requirements are met. Decisions about a child’s name also sit within parental responsibility under federal family law. Where parents share parental responsibility, major long-term decisions — including a change of surname — are generally expected to be made jointly unless a court order provides otherwise.
In practice, this means both parents with parental responsibility usually need to consent to a change of surname, unless the court authorises the change because it is in the child’s best interests.
What Happens If Only One Parent Agrees?
If only one parent with parental responsibility agrees to the change, the administrative process with the Registry will usually not proceed. In that situation, the applying parent can ask the Federal Circuit and Family Court of Australia to make parenting orders permitting the child’s surname to be changed. The court will decide based on the child’s best interests, considering matters such as the child’s age and views, their relationship with each parent, the reasons for the proposed change, and overall welfare and safety.
Without the other parent’s consent or a court order, the surname change cannot be registered.
Does a Child’s Age Matter?
Yes. For children aged 12 years or older, the Registry generally requires the child’s written consent to a change of name unless special circumstances apply or there is a relevant court order. For younger children, the child’s consent is not required, but the consent of each parent with parental responsibility usually is. As children mature, their views are given more weight — particularly in court proceedings.
How to Change a Child’s Last Name Legally (Step-by-Step)
Step 1: Get legal advice
Obtain advice before you start — especially if disagreement is likely. A lawyer can assess your situation, explain parental responsibility and best-interests considerations, and help you prepare the correct evidence and documents.
Step 2: Obtain the necessary consents
Where parents share parental responsibility, written consent from each parent is generally required. If one parent has sole parental responsibility under a court order, that order will usually need to be provided with the application.
Step 3: Complete the Registry application
Use the official Change of Name application for a child from the Queensland Registry of Births, Deaths and Marriages. You’ll need details of the child, current and proposed names, and required signatures.
Step 4: Provide proof of identity and supporting papers
The Registry requires acceptable identity documents for the child and each applicant parent. Where applicable, include parenting orders, proof of guardianship, or documents showing sole parental responsibility.
Step 5: Pay the fees
Fees apply for the application and any new certificate. Check the current fee schedule before lodging.
Step 6: Lodge the application
Submit the application to the Registry in the manner they specify (for example, in person or by post). Ensure any required certifications or witnessing are done by an authorised person.
If parents do not agree
Where consent is not forthcoming, you can apply to the Federal Circuit and Family Court of Australia for parenting orders permitting the name change. The court may consider reports (for example, family reports), evidence about the child’s views (depending on maturity), and any safety or family-violence concerns. If the court grants orders, you can provide the sealed orders to the Registry to support registration.
Frequently Asked Questions (FAQs)
Can a child choose their own last name?
A child aged 12 or older will generally need to provide written consent to a change of name through the Registry unless special circumstances or a court order applies. In court proceedings, a mature child’s views may be taken into account when determining best interests.
Can you revert to a previous surname later?
Yes, but you must apply again and meet the same legal requirements, including providing evidence of prior changes and any necessary consents or orders.
Will a surname change affect custody or parenting time?
No. A change of surname does not, by itself, alter where a child lives or the time they spend with each parent. Those arrangements are decided separately under parenting orders or agreements.
Can I change my child’s surname without the other parent’s permission?
Not usually. If the other parent holds parental responsibility and does not consent, you will generally need a court order authorising the change.
How much does it cost and how long does it take?
Fees and processing times can change. Confirm current fees and indicative timeframes with the Registry before applying.
What if the other parent is not listed on the birth certificate or is deceased?
Where a parent is not recorded, is deceased, or where a person has sole parental responsibility under orders, the Registry’s documentation requirements differ. Provide the relevant proof (for example, orders or certificates) as the Registry requires, and seek legal advice if unsure.
What if I have sole parental responsibility?
If you have a current order granting you sole parental responsibility, you can usually apply without the other parent’s consent. You will still need to meet the Registry’s documentation requirements and, where applicable, obtain the child’s consent if they are 12 or older.
Final Thoughts
Changing a child’s surname after separation is a significant decision that balances parental responsibility with the child’s best interests. When parents agree, the Registry process is usually straightforward — provided the documents, consents and identity requirements are satisfied. When parents disagree, the court can decide whether a name change is in the child’s best interests and, if so, make the necessary orders.
If you’re considering a change or facing disagreement, getting early legal advice can save time and reduce conflict. VM Family Law’s Queensland family lawyers can guide you through the Registry requirements or court process, keeping the focus on your child’s welfare.
Official Information Sources
Queensland Government — Changing your child’s name under 18
https://www.qld.gov.au/law/births-deaths-marriages-and-divorces/changing-your-name/changing-your-childs-nameQueensland Government — Changing your Queensland-born or adopted child’s name
https://www.qld.gov.au/law/births-deaths-marriages-and-divorces/changing-your-name/changing-your-childs-name/changing-your-queensland-born-or-adopted-childs-name/changing-your-childs-name-born-or-adopted-queenslandLegal Aid Queensland — Registering and changing a child’s name or record of sex
https://www.legalaid.qld.gov.au/Find-legal-information/Relationships-and-children/Children-and-parenting/Registering-and-changing-a-childs-name-or-record-of-sexQueensland Law Handbook — Parentage and Naming Children
https://queenslandlawhandbook.org.au/the-queensland-law-handbook/family-law/parents-children-and-the-law/parentage-and-naming-children/Queensland Law Handbook — Changing Your Name (general process and child consent guidance)
https://queenslandlawhandbook.org.au/wp-content/uploads/2016/12/32-changing-your-name.pdfFederal Circuit and Family Court of Australia — Parenting orders and changing arrangements
https://www.fcfcoa.gov.au/fl/hdi/apply-parenting-orders
https://www.fcfcoa.gov.au/fl/children/changing-arrangements
