The legislation that governs change of name in the Australian Capital Territory is the Births, Deaths and Marriages Registration Act 1997.

The part of this legislation that directly relates to changing your name is below. This is current as of 11/10/2009. (Revision 13)

If you believe that the information on this page is out of date, please let us know.

Part 3 Change of Name

17 Change of name by registration

A person’s name may be changed by registration of the change under this part.

18 Application to register change of adult’s name

(1) A person who is an adult may apply to the registrar-general for registration of a change of the person’s name if—

(a)    the person is domiciled or resident in the ACT; or

(b)    the person’s birth is registered in the ACT.
Note 1 If a form is approved under s 69 for an application, the form must be used.
Note 2 A fee may be determined under s 67 for this section.

19 Application to register change of child’s name

(1) The parents of a child may apply to the registrar-general for registration of a change of the child’s name if—

(a)    the child is domiciled or resident in the ACT; or

(b)    the child’s birth is registered in the ACT.

Note 1 If a form is approved under s 69 for an application, the form must be used.
Note 2 A fee may be determined under s 67 for this section.

(2) An application for registration of a change in a child’s name may be made by 1 parent if—

(a) the applicant is the sole parent named in the register or in a register kept under a corresponding law or the law of any place outside Australia; or

(b)    there is no other surviving parent of the child; or

(c) the Supreme Court has approved under subsection (3) the proposed change of name.

(3) The Supreme Court may, on application by a child’s parent, approve a proposed change of name for the child if satisfied that the change is in the child’s best interests.

(4) The Supreme Court must not dispose of an application under subsection (3) unless satisfied that the registrar-general has been notified of the application.
(5) If the parents of a child are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to a child, the child’s guardian may apply for registration of a change of the child’s name.

Note A fee may be determined under s 67 for this section.

20 Registration of change of name

(1) The registrar-general must register a change of name.

(2) However, the registrar-general must not register a change of name unless satisfied—

(a) of the identity and age of the person whose name is to be changed; and
(b)    that the change is not sought for a fraudulent or other improper purpose; and
(c)    if the application is under section 19 and relates to a child who is at least 14 years old—that the child consents to the change of name or cannot understand the meaning or implications of the change of name.

(3) Also, the registrar-general may require the applicant to provide any evidence that is necessary to satisfy the registrar-general—

(a)    that any particular or information set out in the application is correct; or
(b)    of any matter mentioned in subsection (2).

(4) The registrar-general must register a change of name if satisfied that the name of a person whose birth is registered in the ACT has been changed under a law of the Commonwealth or a corresponding law or by order of any court in Australia.

(5) Subject to subsection (4) and section 19 (3), the registrar-general must not register a change of name if, as a result of the change, the name would become a prohibited name.

21 Change of name entries in register

(1) This section applies if the registrar-general registers a change of name for a person whose birth is registered in the ACT or under a corresponding law.

(2) The registrar-general must—

(a) either—

(i) if the person’s birth is registered in the ACT—alter the register by changing the person’s name in the entry relating to the person’s birth; or

(ii) if the person’s birth is registered under a corresponding law—notify the relevant registering authority of the change of name; and

(b)    include in the register any particulars prescribed by regulation.

Note A fee may be determined under s 67 for this section.

(3) Any birth certificate issued by the registrar-general for the person must show the person’s name as changed.

22 Change of name may still be established by repute or usage

This part does not prevent a change of name by repute or usage.