New South Wales Consolidated Acts

SURROGACY ACT 2010 - SECT 42

42 Name of child

(1) On the making of a parentage order in relation to a child, the child is to have as his or her surname and given name or names such name or names as the Court, in the parentage order, approves on the application of the intended parent or parents.

(2) Before changing the surname or given name or names of a child, the Court must have regard to the wishes of the child, if the child is of sufficient maturity to express his or her wishes and the Court considers it appropriate to take those wishes into account.

(3) The Court must not approve a name that would be a prohibited name under the Births, Deaths and Marriages Registration Act 1995 .

(4) Nothing in this section prevents the changing of any name of a child, after the making of a parentage order, under the law of New South Wales.

Note : Part 4A of the Births, Deaths and Marriages Registration Act 1995 provides for the registration of a parentage order. After a parentage order is registered, a birth certificate issued in respect of the child must show the new name and parentage details of the child.