NSW Family Law - Legal for Baby to Have New Family Name?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

gnan

Member
8 January 2017
3
0
1
Hello

I am an Indian. We are permanent residents in Sydney. We are expecting our baby in a few months. The full name of myself and many other people in my family are quite complicated to pronounce. Let's say my full name is 'ComplexFirst ComplexLast' .

As per my tradition, father's first name becomes the baby's last name. And as per many other traditions/culture, one another common practice is, father's last name becomes baby's last name as well, which is nothing but the family name concept, a common family name is used by all people in the family.

Unfortunately, both my first name and my last name are quite complex to pronounce. (To be honest, my own relatives can't spell my name correctly). So I and my partner decided to invent a simple last name for our baby.

So we decided this simple name for the baby - 'SimpleFirst NewSimpleLast' (This 'NewSimpleLast' is totally a new name, it has no reference to my first or last name).

Is it legally okay to do such thing under family law? Does Australian law prohibit us to do such thing? Is it necessary for my baby to carry a last name which is related my names?

We are living in a global & highly diversified environment. We are planning to keep a name, which will be simple enough for everyone to pronounce. (And a name, which our baby will be happy to possess)

If Australian family law states that my baby should take my last name, it doesn't logically sound right in my scenario because my last name is just my father's first name! I definitely don't want my baby to take my father's name.

I hope my question is clear! Any thoughts?

Regards
 

gnan

Member
8 January 2017
3
0
1
Thanks Migz,

But I don't see any information in the link you provided. Is there a place where these laws are documented and available online?

I just found this "The surname, by law has to take the surname of the parents, while the given name and middle name are at the parents discretion".
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,936
820
2,894
Sydney
In Australia,
  • you are not bound by law to follow any family tradition of naming;
  • You are not bound to follow any pattern of taking surnames etc;
  • You are not bound by law to comply with any religious rules about naming;
  • You are not bound by law to use the surname of either parent (nor of any other relation).;
  • You are not required by law to choose a name from the ethnic background of the child.
Subject to a few commonsense exceptions (the law calls these "prohibited names"),
you (the parents) can name your baby pretty much anything you like.