Changing child's surname legally without other parent's signature?

[Cicho]

Hi All

Seeking advice from clever hubbers

My DS starts prep next year and I would like to change his surname legally, using a "Note change of name" form through the courts.

Has anybody ever done this successfully without the signature of the other parent, as stated on the birth certificate?

Bio dad has been non existent for the last 3.5 years, and our family name is the name DS is known as to everyone, but I want to change his name on the medicare card, school enrolment etc.

I do not want to change details on my DS's birth certificate, only lodge a legal note of name change...

Can anyone help? I'm getting myself in a bit of a state about this

Any help, advice or suggestions would be appreciated

Thank You

[lealea79]

i think you will need a stat dec or affa david signed by a jp and state that your ds will know be known as blah blah and then you should be able to.
i have a different to surname to what is my birth certificate.. the only thing with doing that is when he is older he wont id. as what is on his medicare card/ keycard any other id wont match his birth certificate iykwim... it happened to me know i have to pay about $130 to get a change of name certificate thanks to my mum for going by my step dads name and having all my id in the name not on my birth cert i cant get my drivers licence til i get the change of name certificate

[missie_mack]

Just start using the new name from today
You don't need paperwork to change his name with medicare or school. Just do it. After being known as a certain name for a period of time he becomes known as this name under common law....

Infact you don't need ID to change your name with the taxation office, centrelink, immunisation register etc etc and nor do you need anyones permission. I know quite a few people whose childrens birth certificates say one thing and have enrolled their children at school under another... and even not the mothers maiden name I have known kids to be enrolled under a stepfathers name just so 'all the children have the same surname'

Links for reference/ further research
ACT BDM
BDM NSW
Law of Names

[sandy cheeks]

I'm not to sure but the school will use ur surname if u ask a few friends have done this.
Ring a legal aid and ask if there is anyway to do it considering he has not seen his son for the last 3.5yrs u might have a good chance.
Ds and Dd have my surname on medicare and immunisation but have FOK last name on birth cert, bank accounts and school I did the medicare card 1st under my name then did the birth cert later I have lots of extended family with my last name FOK only has his brother to keep the line running iykwim.

[Boobycino]

Just start using the new name from today
You don't need paperwork to change his name with medicare or school. Just do it. After being known as a certain name for a period of time he becomes known as this name under common law....

Infact you don't need ID to change your name with the taxation office, centrelink, immunisation register etc etc and nor do you need anyones permission. I know quite a few people whose childrens birth certificates say one thing and have enrolled their children at school under another... and even not the mothers maiden name I have known kids to be enrolled under a stepfathers name just so 'all the children have the same surname'

Oh thats great.

DS has his fathers current surname, but DP had had his name legally changed. When I was pregnant I was a teenie bit under the thumb, so I agreed to give DS DPs surname, even though i didn't want to, because I feel he's not linked to a family, IYKWIM. I want DS to either have my surname, or DPs orginal surname (okay, thats an outright lie, I want DS to have MY surname and not his, unless he changes it and then we get married, then we can all match)

Am I able to change his name as it appears on medicare, through centrelink, at the doctors? Without DPs conscent? Without changing his birth certifcate? Can I enrol him in school with my surname when the time comes?

I'm more than happy to do that and DP can just cope. I'm actually going to start introducing bubba as having my surname, but I truely hate bubbas full name. My biggest regret is signing his birth certificate.

[missie_mack]

Medicare.. yes you just have to show he is known in the community under that name, Dr's- Yes (Ive never known a Dr to ask for a birth certificate ever), Centrelink- Yes (infact I would do this first as it gives documentation) School yes....

One of my school friends had a passport issued in a different name to what we had known her her whole life to be. She was born with her mothers surname and sent through school with what we all assumed was her fathers surname... but he wasn't her father at all. Then she got a passport issued straight out of school with a hyphenated version of the two. No dramas given at all

[Mummy2R&K]

I rang Medicare a couple of months ago, and they don't do that anymore, only what's on the birth certificate. But for those who already did that, they can keep on doing it, but no newies.

[Cicho]

Thank you all for your replies....

MM, I have tried to change his name on our family medicare card and could not, they told me I needed to produce an official 'change of name'.

Anyhoo I just called the local magistrates court. Because I wish to change the name legally, I need to go in and fill in an "originating application for change of child's name" and lodge it with the magistrates court.

The magistrates court will do their thing, and write me a letter giving me a date to appear in front of the local magistrate and state my case.

Because I do not know where my X is or have any contact details for him, hopefully that should make my application run smoothly because it is not only me he is hiding from

Child support is also looking for him

Thanks again for your help girls...

Will keep you all updated

[rockingmum]

My sneeky ex parter changed my sons name by forging my signater i was so easy for him he even put his name on the birth cert at the same time with out a hitch!

[missie_mack]

I rang Medicare a couple of months ago, and they don't do that anymore, only what's on the birth certificate. But for those who already did that, they can keep on doing it, but no newies.

See I think someone fibbed to you as the medicare website clearly says

To change your name you will need to visit a Medicare office with your current Medicare card and appropriate documents to show that you are now known by a different name in the community.
This can be in the form of:

• current driver’s licence
• birth certificate
• marriage certificate
• deed poll
• legal document
• utility accounts

• link medicare

Now I work in the energy industry and we do not request any documentation to verify your name. I also had to set up a new telephone account last week and was never asked for any ID at all... so you can change it if you can verify you are known as such within the community