Last updated 14 June 2016
A change of name for people whose birth or adoption was registered in Queensland or overseas, but are now living in Queensland, can be formalised by registering a change of name in the Change of Name Register, which is maintained by the Births, Deaths and Marriages Registry. Another option is to register the notation of a change of name made by another legal process or existing deed poll on the Birth or Adoption Register. The Magistrates Court (and in some child matters the Family Court) can also make certain orders in relation to name changes.
Other states and territories
Anyone whose birth or adoption is registered in another state or territory and who wishes to formally change their name will need to comply with the legal requirements of the state in which they were born or adopted. As a first step, they should contact the Births, Deaths and Marriages Registry (or its equivalent) of the relevant state or territory in order to determine their requirements for making name changes.
Following gender reassignment surgery, it is possible for an adult who has had their birth or adoption registered in Queensland to have their sexual reassignment noted in the Birth or Adoption Register. Any new birth certificate issued will then show the change of sex after sexual reassignment surgery and will note that the birth has been re-registered. An adult applying to make the application to note their sexual reassignment must use the approved application form and provide:
- two statutory declarations from doctors verifying that the surgery occurred (or, in some cases, a recognition certificate, which is a certificate issued under the law of another state that identifies the sex reassignment)
- identification documents showing that the adult has changed their name
- evidence showing that they are not married (ss 22–23 Births, Deaths and Marriages Registration Act 2003 (Qld) (BDMR Act)).
In order to have a child’s sexual reassignment surgery noted on the Birth or Adoption Register, it is normally necessary for both parents to make the application. In some very limited circumstances, it is possible for one parent or the child’s guardian to make the application. It is necessary to have two statutory declarations from doctors or a recognition certificate verifying that the surgery occurred (s 23 BDMR Act).
A child’s parent(s) or guardian can apply to process the name change for the child, although normally the child’s consent must be obtained if the child is 12 or more years of age (ss 17–18 BDMR Act).