Births, Deaths and Marriages Registration Act 1996

The parents of a child may apply to the Registrar in the approved form for registration of a change of the child's name if—

the child's birth is registered in Victoria; or

the child—

was born outside Australia; and

is a child whose birth is not registered in Victoria or another State or a Territory; and

has been ordinarily resident in Victoria for at least 12 months immediately before the application is made.

The Registrar may waive the 12 month requirement under subsection (1)(b)(iii) if the Registrar is satisfied that—

the change of name is sought for the purpose of the protection of the child, the applicant or another child of the applicant; or

the applicants have legally married and wish the child to change to the married name of both applicants.

The 12 month requirement under subsection (1)(b)(iii) is waived if the Court has approved the proposed change of name for a child under subsection (4).

An application for registration of a change of a child's name must be accompanied by the prescribed fee.

An application for registration of a change of a child's name may be made by one parent if—

the applicant is the sole parent named in the registration of the child's birth under this Act or any other law; or

there is no other surviving parent of the child; or

the Court approves the proposed change of name.

The 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.

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.