Name Change Request
The client, located in Western Australia, wishes to double-barrel her daughter's surname to include both her own and her partner's surname after they are married. The biological father, whose name is on the birth certificate, has had no contact with the child for the past three years. The case involves elements of Name Change and Family Law. The client's need arises from a desire to reflect the familial relationship with her soon-to-be husband.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat is the legal process for changing my daughter's surname in Australia, and do I need the consent of her biological father?
To change your daughter's surname in Australia, you typically need to obtain the consent of everyone with parental responsibility. Since her biological father is on the birth certificate, his consent is generally required. The process usually involves executing a legal document known as a [Deed Poll]. If the father does not consent, you might need to apply for a Specific Issue Order through the family court to seek permission to change the surname without his agreement. This process considers the child's best interests.
Are there any specific circumstances under which we can proceed with changing her surname without the biological father's consent?
In Australia, you can change a child's surname without the biological father's consent if he doesn't have Parental Responsibility or if the court deems it in the child's best interest. Given the lack of contact for three years, you might argue this change benefits your daughter's welfare. You'll need to apply for a Specific Issue Order from the Family Court. The court will consider factors focusing on the child's welfare. It's important to demonstrate the change supports her wellbeing.
How long does the name change process typically take, and are there any court fees involved?
The process of changing a child's surname via deed poll in Australia usually takes several weeks for processing. Court fees are generally not necessary unless a court application is required, such as when seeking to dispense with the biological father's consent. If a court application is necessary, fees can vary, with an average cost around AUD 200 for filing an application with the Family Court.
What documentation will I need to gather in order to initiate the name change process for my daughter?
To initiate the name change process for your daughter, you will need several documents. First, obtain her original birth certificate. As you plan to marry, include your marriage certificate (once obtained) to support the family connection. Additionally, gather any evidence of your daughter's relationship with her stepdad, which might support your case. If the biological father does not consent, documentation proving his lack of contact may be relevant.
Once the name change is completed, are there any additional steps I need to take to update her surname on official documents such as her passport or health records?
Once the name change is completed, you'll need to update your daughter's official documents. For her passport, you must complete a passport application form and provide the deed poll as evidence of the name change. For health records, contact your healthcare provider to update their records; you'll need to provide a copy of the deed poll. Don't forget to also update records with her school and any other relevant institutions.
