Queensland Numbered Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 2023 - SECT 28

28 Meaning of eligible child

(1) A child is an
"eligible child" , for an application to register a change of the child’s name, if—

(a) the child’s birth or adoption was registered in Queensland; or

(b) both of the following apply—

(i) the child was born outside Australia and the child’s birth was not registered in another State;

(ii) either—

(A) the child has been ordinarily resident in Queensland for at least 12 consecutive months immediately before the application is made; or

(B) the application is made within 12 months of the child’s birth and at least 1 person who makes the application has been ordinarily resident in Queensland for at least 12 consecutive months immediately before the application is made.

(2) Despite any restriction in subsection (1) , a child is an eligible child, for an application to register a change of the child’s name, if the registrar is satisfied there are exceptional circumstances for accepting the application.

(3) Despite any restriction in subsection (1) (b) (ii) , a child is an eligible child, for an application to register a change of the child’s name, if—

(a) the application relates to a marriage or divorce of at least 1 of the applicants; or

(b) the registrar is satisfied that the application is for the purpose of protecting the child or a person associated with the child; or

Example for paragraph (b)—

The application is for the purpose of protecting the child from domestic violence.

(c) a non-Queensland court has directed the registrar to accept the application.