Change of name policy

1.1. Notations on certificates and the Register

A notation indicating that a person’s name has changed will appear on all certificates issued by the Registry of Births, Deaths and Marriages (the Registry) following a change of name registration. Previous names may also be included in the notation. 

Any previous names used or registered will be recorded as a former name on the Register. 
 

In NSW, a person can apply to change their name if: 

• the birth of the person was registered in NSW, or
• the person was born overseas and has been a resident in NSW for three consecutive years at the time the application is made, or 
• the Court has ordered the registration of a change of name.
   

2.1. Adult change of name

An adult must submit a complete application form, including:  

• the proposed new name 
• required proof identity documentation
• a reason for the change of name 
• disclosure of any criminal record as outlined in section 5 of this policy
• consent to a National Police Check, and  
• payment of the scheduled fee.

2.1.1. A change of name is not required due to marriage, separation or divorce

If a person was legally married in Australia, they can take the family name of their spouse without registering an official name change with the Registry. 

If a person was married in Australia and took their spouse's name without registering a formal change of name, they can revert to using their previous family name without applying for a change of name. This might be due to separation, divorce, or personal choice. 

To update a family name on documents and accounts, contact the relevant organisations to ask what documentation is required. In most cases, a person will need to provide their: 

• Australian marriage certificate 
• birth certificate 
• divorce certificate (if applicable).

2.2. Child change of name

The parent/s or legal guardian of a child who is under the age of 18 years, must complete an application form, including:  

• the proposed new name
• required proof of identity documentation
• a reason for the change of name 
• payment of the scheduled fee
• disclosure of any criminal record of the child, outlined in section 5 of this policy, and
• consent to conduct a National Police Check for the child aged 14 to 18 years. 

If two parents are recorded on a child’s birth record, both parents must consent to the change of name, unless in circumstances outlined below.

2.2.1. Application by one parent

An application can be made by one parent if the applicant is the sole parent named on the birth certificate, the other parent on the birth certificate is deceased or the court approves a proposed change of name when the parent has sole parental responsibility as outlined in section 2.2.3 of this policy. 

2.2.2. Application made by a person other than the parent/s on birth record

The application can be made by a person who is not the parent, if an Australian court has allocated: 

• parental responsibility for the child
• specific aspects of parental responsibility for the child, provided the application falls within the assigned responsibilities.

If parental responsibility has been given to the Minister for Families and Communities, the NSW Department of Communities and Justice is eligible to apply to register a change of name for a child, without the consent of the recorded parent/s.

2.2.3. A parent who has sole parental responsibility

If a parent has been granted sole parental responsibility in a final parenting order made under the Family Law Act 1975 to make decisions about major long-term issues for the child within the meaning of that Act, or the child’s name, the parent can apply to register a change of name. 

For a parenting order to be sufficient to allow a sole parent to change their child’s name, the Federal Circuit and Family Court of Australia must have expressly granted the parent sole responsibility for the child’s name by: 

• granting a parent sole decision-making responsibility for the child’s name, or
• granting a parent sole decision-making responsibility for all major long-term issues as defined in the Family Law Act 1975. 

2.3. Identification

All people applying to register a change of name must provide the proof of identity documentation required in the application form, including evidence of previous legal name changes. 

Documents that are not in English must be translated by an accredited translator, such as one from the National Accreditation Authority for Translators and Interpreters (NAATI).  

Section 29B of the Births, Deaths & Marriages Registration Act 1995 outlines restrictions to any person applying to change their name in NSW. 

3.1. Limitations on changes of name

In NSW, a person can only change their name once in a 12-month period and three times in their lifetime. 

3.2. Residency

A person who was born overseas must be living in NSW at the time of the application and have lived in NSW for the previous three consecutive years. Evidence is required to meet residency requirements for people not born in NSW. 

A person’s citizenship status in Australia does not determine their eligibility to apply to register a change of name in NSW.

3.3. Restricted and registerable people or former serious offenders

A person who is a restricted person, registerable person or former serious offender must not apply to any state or territory Registry to register a change of name without having first obtained the written approval from the relevant supervising authority. 

The Registry can approve exceptions to certain restrictions in the limited circumstances outlined in this section. To request an exception, a person must submit a written request, provide relevant evidence to support the exemption, and include this information with their application. 

The Registry will assess exemption requests on a case-by-case and must be satisfied that the reasons for the change of name are not sought for a fraudulent or other improper purpose.

4.1. Protection for safety or security

A change of name may be registered if the Registry is satisfied that the proposed change of name is sought for the protection of the person, the person’s children or family, or there is a current protection order made for the person or the person’s children due to domestic violence.

4.2. Residency, the number, and frequency of a change of name

Under limited circumstances, the Registry may approve a change of name for a person who has not resided in NSW for three consecutive years, has registered more than three changes of name, or has registered a change of name within 12 months, as outlined in the Births Deaths & Marriages Registration Act 1995. Any request for an exemption under this section must include: 

• the reason for the change of name request, and 
• evidence of residency status and intention to stay in NSW. 
   

Applicants seeking a name change for themselves, or on behalf of a child, are required to disclose whether the subject of the name change application has been convicted of a criminal offence punishable by imprisonment for 12 months or more.

An offence that is punishable by imprisonment for 12 months or more does not mean that a person has been sentenced for this period of time for the offence. The timeframe relates to the maximum penalty that could be received for that offence, if convicted. 

Change of name applicants are required to consent to a National Police Check. The Registry will not process applications where explicit consent is not provided. 

The Registry must be satisfied that the change of name is not sought for a fraudulent or other improper purpose. In many cases, a criminal record will not prevent registering of a change of name. The Registry will consider factors such as the nature and number of convictions and the time that has passed since convictions were recorded. 

If a person is a registerable person, which is defined in the Child Protection (Offenders Registration) Act 2000, they must not apply to any state or territory Registry to register a change of name without having first obtained the written approval of the Commissioner of Police. 

If the Registry receives an application without the required approval from the Commissioner and the subject is a registerable person, the application will be cancelled and reported to the NSW Police Commissioner. 
 

A restricted person must not apply or have a change of name registered without the permission of the supervising authority. A restricted person includes: 

• an inmate 
• a person on remand 
• a parolee 
• a periodic detainee 
• a person who is subject to a supervision order 
• a forensic patient
• a correctional patient.

If a person is a restricted person or former serious offender, they must obtain permission from the relevant authority to apply for a change of name if they are under the supervision of the: 

• Commissioner of Corrective Services 
• Mental Health Review Tribunal 
• NSW Police Commissioner. 

A change of name of a former serious offender will not be registered unless the Registrar has first obtained the written approval of the Commissioner of Corrective Services and the Commissioner of Police. If the Registry receives an application without the required approval, the application will be cancelled and reported to the NSW Police Commissioner. 

The Registry is unable to register a change of name if the name is considered prohibited. A prohibited name means a name that is either: 

• obscene or offensive,
• could not practicably be established by repute or usage because: 

1. it is too long,
2. it consists of or includes symbols without phonetic significance, or
3. for some other reason.

• includes or resembles an official title or rank,
• is contrary to the public interest for some other reason.

Further information can be found on the Registry’s Naming Policy. The Registry will contact a person if the name they are trying to register could be considered prohibited. 

The Registry may request further information and/or an in-person or video-based interview to support a change of name application. For example, further information may be required to: 

• assist the Registry to determine if the change of name is sought for a proper purpose,
• prove the identity and age of the person whose name is to be changed,
• prove the person’s residency or if the person was born overseas, their residency in NSW,
• prove that a child who is 12 years or older consents to the change of name. 

Change of name registrations cannot be cancelled or altered once the change of name is registered.  

If a person’s change of name application is still under review and they change their mind and wish to cancel, the Registry will only issue a refund for the certificate. 
 

If a person is not satisfied with a decision the Registry has made, a review of the decision can be requested. The request for a review should set out why the Registry should change the decision. The request can be emailed to policyandengagement@customerservice.nsw.gov.au or sent by mail to: 

Registry of Births, Deaths & Marriages  
Policy & Engagement Team
GPO Box 30 
Sydney NSW 2001 

The Registry will consider all the information and reasons a customer provides when making a decision.

For further information on how the Registry manages personal information, please read our Privacy collection notice.