Queensland Consolidated Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 2003 - SECT 20

20 Notation of change of name other than by registration

(1) This section applies if—

(a) a person’s birth or adoption was registered in Queensland; and

(b) the person’s name has been changed under the law of another State or other legal process.

Example of other legal process—

an order of a Queensland court or a non-Queensland court or a deed poll

(2) An adult may apply to the registrar, in the approved form, to note the change of the adult’s name in the relevant child register.

(3) A child’s parents may apply to the registrar, in the approved form, to note the change of the child’s name in the relevant child register.

(4) However, 1 of the parents may apply to note the change of the child’s name if—

(a) the parent is the only parent of the child entered in the relevant child register; or

(b) the other parent is dead; or

(c) a Magistrates Court approves the change of name; or

Note—

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

(d) a Queensland court or non-Queensland court has ordered the change of name.

(5) A child’s guardians may apply to the registrar, in the approved form, to note the change of the child’s name in the relevant child register.

(6) However, 1 of the guardians may apply to note the change of the child’s name if—

(a) the other guardian is dead; or

(b) a Magistrates Court approves the change of name; or

(c) a Queensland court or non-Queensland court has ordered the change of name.

(7) The application must be accompanied by a document, prescribed under a regulation, that evidences that the person’s name has been changed under the law of another State or other legal process.

(8) Before noting the change of a person’s name, the registrar may require—

(a) evidence of the following—

(i) the identity and age of the person;

(ii) that the change of name is not sought for a fraudulent or other improper purpose;

(iii) any other information prescribed under a regulation; or

(b) a document prescribed under a regulation.

(9) The registrar must not approve an application to note the change of name—

(a) if the registrar is not satisfied of the applicant’s identity and of the identity of the person whose change of name is to be noted; or

(b) if the registrar reasonably suspects that the change of name is sought for a fraudulent or other improper purpose; or

(c) to a prohibited name.

(10) If an application to register a person’s change of name states only 1 name for the person, the name is taken, for this Act, to be the person’s surname.

(11) In this section—

"adult" includes a person under 18 years who is, or has been, married.

"child" does not include a person under 18 years who is, or has been, married.