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The process for changing a child's name is similar to that of an adult, however there are additional requirements regarding parental consent and consent of the child.
Parental Consent
- If both parents are stated on the child's birth certificate, both parents must complete and sign the form indicating their consent to the proposed change of name. If the father's name is not stated, then the mother may complete the form on her own.
- If one parent is deceased, consent of the surviving parent is required. In these cases, the deceased parent's death certificate must be provided with the application form.
- If either parent cannot be found or refuses to consent to the change, a court order from the Magistrates Court is required. In these cases, you may need to make arrangements for the child to appear in court to give their consent to the proposed change. Please note: a Family Court order may not be sufficient to change the child's name without the agreement of the other parent.
- If both parents are deceased, cannot be found, or for some other reason cannot exercise their parental responsibilities, the child's legal guardian(s) may complete the application form. In these cases, a copy of the court order granting guardianship must be provided. In some cases, parental consent may also be required.
Child's Consent
A child's name cannot be changed unless the child has consented to the change of name.A qualified person (ie staff member at the Births, Deaths and Marriages Registration Office, Justice of the Peace, Solicitor or Police Officer) must interview the child whose name is being changed (regardless of their age) to determine if they understand the implications of changing their name and if they do, whether they agree to the change.
If the qualified person determines that the child is unable to understand the meaning and implications of a change of name, the new name can still be registered.
In cases where the Magistrates Court has interviewed the child, there is no need to have the child interviewed again by a qualified person. Please note: The child may need to attend Court to demonstrate his or her consent.
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Information on copyright for the Office of Consumer and Business Affairs website is provided on behalf of South Australia Central http://www.sacentral.sa.gov.au/site/page.cfm?u=60
Disclaimer
Information on the disclaimer for the Office of Consumer and Business Affairs website is provided on behalf of South Australia Central http://www.sacentral.sa.gov.au/site/page.cfm?u=61
Privacy
The South Australian Office of Consumer and Business Affairs (OCBA) is committed to protecting your privacy and the confidentiality of your personal information, consistent with the South Australian Government's Information Privacy Principles. If you would like to view the full privacy statement please visit: http://www.ocba.sa.gov.au/privacy.html
Webmaster
If you wish to provide feedback on the Office of Consumer and Business Affairs website please contact the Webmaster via email mailto:webmaster@agd.sa.gov.au
Accessibility
Information on accessibility for the Office of Consumer and Business Affairs website can be viewed at: http://www.ocba.sa.gov.au/accessibility.html