The naming game - the law on baby names

By Lana Hallowes |
My child is NOT getting his dad’s name!”

When trawling through baby name books, it's fun to string your shortlisted faves with your partner's last name to see how it rolls of the tongue. And while you're deliberating whether Richard with the surname Small is a good idea, it may not even occur to you that you don't legally HAVE to give your baby his daddy's surname.

In this age of high divorce rates and DNA testing, gone are the days when the paternal surname carried with it a claim to paternity.

So what is the law on baby names and what are some naming conventions that you may not have thought of? Read on...

Arthur or Martha - What the law says

Here in Australia, parents can give their child whatever first or middle name takes their fancy - within reason. Under the Births, Deaths and Marriages Registration Act a registrar can refuse to register a name if:

  • It is obscene or offensive
  • Cannot be established by repute or usage
  • If it's too long
  • If it contains symbols without phonetic significance, such as an exclamation or question mark.
  • Is contrary to public interest
  • Contains an official title or rank recognised in Australia such as King, Lady, Father, Sir or Admiral.

All this basically means is that you can't name your child a swear word, a looooooooong name that doesn't fit in the letter boxes on a form, a question mark or 'King James'.

Surname conventions

Once you've decided on your baby's adorable, too-cute, love forever first name, you'll need to choose her second name too.

Traditionally, Aussie children have taken their father's last name and most married parents still opt for this convention; but you don't have to follow the crowd!

Under the various State name registration guidelines, a child born to unmarried parents will be registered with the mother's surname, unless both parents agree to the child being registered with the father's surname.

Breaking away from tradition

Feminism has made us rethink many societal conventions and giving our kids their dad's surnames is one. “Why should my child automatically get her father's name and have no claim to mine?” many mums are asking. Well, the law isn't standing in your way, so here are some alternative surname options that you may not have thought of:

The hyphenated name

This is where you give your child a hyphenated combination of you and your partner's surnames. Fine if the names are fairly short, easy to spell and sound good together but not so fine if they don't.  Beware of burdening your child with a double-barrelled spelling challenge for life if you choose this option!

The mother's last name

Fairly straightforward. Instead of your child's dad's surname, she'll have yours.

The mother's last name as a middle name

There's a long history in some English and European cultures of giving a child her mother's maiden name as a middle name, which may be a better alternative to the hyphenated surname.

A compromise

If you and your partner can't agree on a surname, how about this: Boy babies gets dad's name and girls get mum's, or vice versa? Sure you're taking a gamble that you'll have one of each sex, or that all your kids will have either of your surnames, but at least you're making a statement of equality!

How to register your baby's name

When your baby is born, you must register his birth within 60 days - so you do have a few weeks after the birth to choose your baby's name, if nine months hasn't been enough time!

To register a birth, the hospital where your baby was born will give you a Birth Registration Statement (BRS). You can then use this to register your child's birth and name with the state registry of births deaths and marriages and apply for a birth certificate.


A BRS doesn't automatically give your child a birth certificate - you'll need to apply for this.

Changing a name

After divorce some parents may want their children to have their last name, especially if one of the parents (sadly) isn't a part of the child's life anymore.

You can apply to change your child's name, but this is easier said than done. Basically you'll need your child's dad's permission and if he agrees, the name change can go ahead. However, if he doesn't,  you'll need to make an application to the Family Law Courts.

Your child's dad can also make an application to the Court asking for orders to stop you from changing his name.

The court will then consider if it's in the best interest of the child to have their name changed.


What's in a name?

Everything! Your child will carry her name wth her throughout life (unless she decides to change it down the track), so it's important to at least have a conversation about it with your partner before scribbling her full name on the birth registration form. You may find it's not a biggy to either of you and neither of you care whose last name the baby gets, but make sure you're both on the same page.


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