Husband and I have Different Surnames - Surname of Child?

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Haley

Active Member
4 May 2014
8
2
39
Australia
When my husband and I got married. I kept my surname for professional reasons. Now that we're about to have our first child, whose last name will she use? We really like the idea that the girls take my name and the boys take my husband's name, but is this legal under family law? Does it matter whose name they take? Any advice is much appreciated, and thanks for your help.
 

rebeccag

Well-Known Member
8 April 2014
147
35
514
G'day Haley,
Its fine if you and your husband would like the boys to get your husband’s surname and girls to get yours. Its legal.

You may also like to consider giving your children a hyphenated surname of you and your husband’s surnames. Of course, this depends on whether your surnames are relatively short and sound good in a combination together. Here’s a good article about the law on baby names in Australia.

Hope that helps, and congratulations!
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,072
737
2,894
Sydney
In NSW, there's no law either way, although there are some "prohibited names".
NSW Births Deaths and Marriages can assist you with that angle.
http://www.bdm.nsw.gov.au/index.html