Queensland Consolidated Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 2003 - SECT 12

12 Child’s name

(1) A birth registration application, other than an application to register the birth of a stillborn child, must state the child’s name.

(2) If a birth registration application states only 1 name for the child, the name is taken, for this Act, to be the child’s surname.

(3) If—

(a) the name stated in the birth registration application is a prohibited name; or

(b) for a birth registration application that is made by both parents—the registrar is satisfied that the parents can not agree on the child’s name; or

(c) no name is stated in the birth registration application;

the registrar may choose a name for the child and enter it in the register.

(4) However, the registrar can not choose a first name for a stillborn child if the applicants have indicated that they do not wish to name the child.

(5) One of the ways in which the applicants may indicate that they do not wish to name the child is by not putting a name for the child in the birth registration application.

(5A) Before entering a name in the register for a child under subsection (3) , the registrar must give the applicant at least 14 days written notice of the registrar’s intention to do so.

(6) If a child’s parents can not agree on a name for the child, either parent may apply to a Magistrates Court to decide the child’s name.

(7) The Magistrates Court may—

(a) choose a name, other than a prohibited name, for the child; and

(b) order that the name be entered in the register of births for the child.

Note—

Under section 56 , a regulation may prescribe information that a court may consider when deciding or changing a child’s name.