Would you do a Kylie Jenner and change your baby’s name? Here’s what you need to know

By Shelley Anderson, Australian Family Lawyers

Naming a child is one of the most personal and unique decisions that a parent-to-be will make. Despite the research, checking possible nicknames and whittling the list down to the perfect choice, sometimes, for whatever reason, a name just isn’t right.

Celeb Kylie Jenner recently experienced this, telling her following her son’s name didn’t feel like him and that she is in the process of legally changing his name.

In Australia, a child’s name is a matter of State law. Records are managed by Births, Deaths and Marriages in each State, and the process varies slightly from State to State. Registration of a child’s birth is compulsory, and most States require registration of a child’s name within 60 days of the date of birth.

Scroll down for one child’s multiple name changes…

If you decide to change a child’s name after the registration process is complete, you will need to make an Application to Births, Death and Marriages in your State. Some States offer a streamlined process to change a child’s name within 12 months of their birth. All of these processes will incur a fee.

The application will need to be agreed by all parties. If there are two parents on the birth certificate, they will both need to agree. If the child is old enough to have an opinion they will have to consent as well. When everyone agrees, the name change process is extremely straightforward.

However, if one parent does not agree, then this will require an application to the relevant State’s Administrative Tribunal or Court, or the Federal Circuit and Family Court of Australia. The jurisdiction will depend on the State and the circumstances of the name change, so it is best to seek legal advice before taking any legal action.

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Don’t be fooled by the simple process! There are limits to how often a name can be changed during a person’s lifetime and or how frequently. It is important to think carefully before making an application, especially on behalf of a child.

When a proposed name change is disputed, the primary factor which will be taken into account is the welfare of the child. This includes considering any confusion around identity, embarrassment, or identification and relationship with family members that the child may experience if the name is or is not changed.

It is always possible to change a name by common usage, but this is not legally enforceable. In this scenario, the person would be known by one name, however, all legal documents would remain in their legal name. Although this may seem like a simple solution, this can also be challenged in the Federal Circuit and Family Court of Australia if both parents do not agree.

While changing your child’s name is certainly doable, it will take time and consideration. As Kylie Jenner would know, as her son’s new name is yet to be revealed due to the legal process of a name change.

Shelley Anderson was admitted to practice in 2013 and started her career in remote South Australia, working in Family Law with Aboriginal and Torres Strait Islander survivors of Domestic Violence. She continued her work in regional South Australia working in general practice across a diverse range of practice areas. Her empathetic, practical approach to resolving these issues ensures she listens to what matters to you and communicates clearly throughout the process.