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Both legal parents have the right to name a child or to request a name change. However, one parent can't change a child's name without the approval of the other parent. Thus, if the mother doesn't approve, then the father requesting the name change must file a petition with the court for a decision.
You will need to attend a registry or service centre in person and provide your proof of identity documents, plus a Full Marriage Certificate. For NSW, generally we only accept Marriage Certificates issued by the NSW Registry of Births, Deaths and Marriages (BDM). Commemorative certificates are not acceptable.
Generally, you will not be able to change your child's surname without the permission of the other parent if: the other parent is listed on the Child's Birth Certificate, and.
If you want to change your child's name, the first step you need to take is to file a petition with the family court in your county requesting the change. You are obligated to notify the other parent and give them the opportunity to respond to your petition.
Go to the Clerk of District Court's office in your county courthouse. File the original Petition for Name Change, Consent to Name Change of Minor Child, Order Setting Hearing, and Notice of Hearing on Name Change of Minor Child. Also give your copies to the Clerk and ask the Clerk to conform them for your records.
If you need to change your name on your Social Security card, you must show us proof of your legal name change. Documents Social Security may accept to prove a legal name change include: Marriage document;Court order approving the name change.
Ask for the notices and records department. Explain that you need to publish notice of your new name. Note that in some jurisdictions, the county clerk can provide a list of newspapers to contact. Send in your notice of name change and pay the filing fee.
The notice must be published in one issue of the Gazette and in one issue of a newspaper circulating in the district in which he or she is resident. Applicants must seek an exemption from the Director if they wish to be exempt from publication.
The cost of filing at the District Court will vary depending on the county in which you reside. You should be prepared to pay $100 to $150. If you are unable to pay the fee, you can apply to have your fees waived by filling out the Informa Pauperis Application Form and submitting it with your petition.