What really happens if parents can’t decide on a name for their baby

Naming a baby is one of the most exciting parts of becoming a new parent. 

But what happens when parents simply can’t decide on the perfect moniker for their bub?  

According to legislation in Victoria, Australia, parents must register the birth of their child within 60 days – and a child cannot be registered without a first and last name.

Information on Births, Deaths and Marriages Victoria states that where the parents can’t agree on a name, ‘legislation enables the Victorian Registry of Births, Deaths and Marriages to decide the child’s name’.

Unsurprisingly, the process isn’t straightforward.

Naming a baby is one of the most exciting parts of becoming a new parent (stock image) 

Policy dictates that parents first have to prove they can’t agree with the child’s name and they haven’t been able to work through their differences in mediation.

No agreed name means two things:

Either the Birth Registration Statement (BRS) has been submitted and signed by both parents and records different names for the child.

Or one parent hasn’t completed the relevant section but has submitted a statutory declaration stating they are the parent of the child, the parents can’t agree on a name and what name they want the child to have.

According to legislation in Victoria, parents must register the birth of their child within 60 days, however a child cannot be registered without a first and last name

According to legislation in Victoria, parents must register the birth of their child within 60 days, however a child cannot be registered without a first and last name

Parents then have two options for deciding a name. They can apply for a court order to the Registrar about the name or ask the Registrar to assign the child a name.

If the outcome involves the Registrar deciding the name, this happens as follows:

‘The first names preferred by each parent, in alphabetical order.

Parents unhappy with the decision, naturally have the right of appeal

Parents unhappy with the decision, naturally have the right of appeal

‘No ‘middle’ names unless the parents agree about the middle names. If there is no agreement on the middle name, the second first name (referred to above) will be used as a middle name

‘A surname consisting of the surnames of both parents, in alphabetical order and hyphenated.’

Parents unhappy with the decision, naturally have the right of appeal.

 



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