Queensland Consolidated Acts
[Search this Act]
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.
(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
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.
Under section 56 , a
regulation may prescribe information that a court may consider when deciding
or changing a child’s name.
AustLII: Copyright Policy