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Births
Registering the birth of a child is in the best interests of both the parents and the child. If a child's birth is not registered, then we will not be able to provide a Birth Certificate for the child. Registration of a birth is free.
Birth Certificates are required for many reasons such as school enrolment, obtaining a passport or driver's licence, sporting clubs, social security benefits etc and are available from this office five (5) working days after registration occurs.
Birth Certificates are NOT issued automatically following registration of a birth, they are only issued following application and payment of the prescribed fee.
The Births, Deaths and Marriages Registration Act 1996 provides penalties for failing to have a child's birth registered or for giving false or misleading information.
Births that must be registered
- If a child is born in South Australia, whether born alive or stillborn, the birth must be registered.
- The Registrar may register a birth that occurs on an aircraft or ship travelling to South Australia, or that occurs outside the Commonwealth in certain circumstances.
Who can register?
The parents of a child are jointly responsible for having a child's birth registered and must both sign the Birth Registration Statement, whether they are lawfully married or not.
If only one parent signs the Birth Registration Statement, he or she must attach a note explaining why the other parent has not signed. The Registrar has powers under the Births, Deaths and Marriages Registration Act to make further enquiries, if he/she is not satisfied with the explanation given or needs to find out further information.
How to register
- Complete the Birth Registration Statement given to you at the hospital after the birth of your child.
- Deliver or post the Statement to the address provided within 60 days of your child's birth.
- In the case of a multiple birth a separate Statement must be completed for each child.
- Make sure the Statement is filled out clearly, and carefully check that all details provided are correct. Inaccurate information may delay registration of the child's birth or cause problems at a later stage. Furthermore, fees are payable for Corrections to the Register.
If you have any questions about the Birth Registration Statement, please contact our office.
Late registration
In some cases, for whatever reason, some people find that their parents never registered their birth. There are provisions to register a late birth, be it your own birth or your child's.
- Complete and sign a Birth Registration Statement, which can be obtained from this office.
- If your parents are deceased, you may fill out the Statement and register your own birth.
- If it is a young child who is not registered, the parents or a legal guardian may complete the Statement.
- In some cases, particularly births prior to 1969, you may be required to obtain a letter from the hospital where you were born as proof of your date and place of birth. For births after 1969, we usually have a notification of birth from the hospital to match against the Statement you provide.
- Deliver or post the Birth Registration Statement to this office.
Deaths
Registering a death is a legal requirement and in almost all circumstances, the Funeral Director will take care of the Registration of Death for you.
Death certificates are available from this office five (5) working days after registration, and are usually ordered for you by your Funeral Director.
How to register
The doctor who was responsible for a person's medical care immediately before death, or who examines the body of a deceased person after death, should give written notice of the death to the Registrar within 48 hours after the death. The funeral director (or person arranging for the disposal of the remains) must then complete a Death Registration Statement within 7 days after disposal of the remains has taken place.
The Births, Deaths and Marriages Registration Act 1996 provides penalties for failing to notify the Registrar of a death or for giving false or misleading information. If you have any questions about the Death Registration Statement, please contact our office.
Who can register?
Normally, the Funeral Director responsible for the disposal of the remains will complete the Death Registration Statement and forward it to our office on behalf of the family. However, the next of kin is also able to do this in some circumstances.
The Registrar has powers under the Births, Deaths and Marriages Registration Act to make further enquiries if he/she is not satisfied or needs to find out certain particulars which were not given in the Death Registration Statement.
Which deaths are registered?
Any death that occurs in South Australia must be registered with the Registration Office. The Registration Office is also obliged to register any death as directed by a Court or Coroner.
This includes the death of any person whether they were born in South Australia or elsewhere and any permanent or temporary resident or person visiting the state.
Deaths that occur on an aircraft or ship travelling to South Australia, or that occur outside the Commonwealth may also be registered, subject to certain conditions. These situations are subject to consideration and approval by the Registrar.
Deaths reported to the Coroner
In South Australia, deaths that need to be reported to the Coroner include the death of a person:
- by unexpected, unnatural, unusual, violent or unknown cause
- on an aircraft or vessel en route to South Australia
- in custody
- that occurs during or as a result, or within 24 hours, of —
- the carrying out of a surgical procedure or an invasive medical or diagnostic procedure
- the administration of an anaesthetic for the purposes
of carrying out such a procedure - that occurs at a place other than a hospital but within 24 hours of —
- the person having been discharged from a hospital after
being an inpatient of the hospital - the person having sought emergency treatment at a hospital
- where the person was, at the time of death —
- a protected person under the Aged and Infirm Persons'
Property Act 1940 or the Guardianship and Administration Act 1993 - in the custody or under the guardianship of the Minister
under the Children's Protection Act 1993 - a patient in an approved treatment centre under the Mental
Health Act 1993 - a resident of a licensed supported residential facility
under the Supported Residential Facilities Act 1992 - accommodated in a hospital or other treatment facility
for the purposes of being treated for drug addiction - that occurs in the course or as a result, or within 24 hours, of the person receiving medical treatment to which consent has been given under Part 5 of the Guardianship and Administration Act 1993
- where no medical certificate as to the cause of death has been given to the Registrar of Births, Deaths and Marriages
- that occurs in circumstances prescribed by the regulations
It is important to note that where the Coroner's Office is involved, a certificate with the cause of death may take some time to finalise.
In these cases, the death is initially registered by the Births, Deaths and Marriages Registration Office without the cause of death and coroner's findings and an ‘interim' death certificate is usually provided. A ‘full' death certificate will be automatically sent once the coroner's findings have been received and the registration is completed.
For more information regarding Coronial matters, please contact:
Coroner's Office
302 King William Street
Adelaide SA 5000
Ph (08) 8204 0600
Fax (08) 8204 0633
Email corc@courts.sa.gov.au
Web www.courts.sa.gov.au/courts/coroner
Registering overseas deaths
If a person who is domiciled or ordinarily resident in South Australia dies outside the Commonwealth, or a person dies outside the Commonwealth but leaves property in this State, the death may be registered in South Australia.
However, the Registrar is not obliged to register a death in these circumstances if the death is registered under another corresponding law in that country.
Please contact our office for further information regarding registering an overseas death.
Marriages
After your marriage takes place, your celebrant will forward all necessary papers to our office to register your marriage, therefore there is no need for you to contact us.
Certified copies of marriage certificates are available after registration with payment of the required fee.
For information regarding Registration Office Weddings, please download our Information Sheet.
Change of Name
It currently takes up to 3 weeks to process a change of name. Once processed, certificates are available from our office within 5 working days.
Any person may legally assume a new name by repute or usage, but if the change of name is not registered, lack of documentary evidence may cause problems.
It is not necessary for a married woman wishing to assume her husband's surname to register a change of name. However, should the married man wish to assume his wife's surname, it is recommended that he formally register a change of name for it to be recognised in society.
A woman may revert to a previous married surname or to the surname recorded on her birth registration upon divorce or at any time without registering a change of name at the Registration Office.
You can register a change of name in South Australia if you:
- were born in South Australia; or
- have been a resident here for more than 3 months.
Only one change of name is allowed in any 12-month period.
Change of Name Certificates are available from this office five (5) working days after registration of the change of name occurs.
How to register
To change your name you must complete an application form, pay the appropriate fee and provide documentation to support your application.
Application to register a change of name (adult over 18)
This form can only be used if your birth is registered in South Australia or you have been a resident here for more than three (3) months.
Application to register a change of name (Child under 18)
This form can only be used if the child's birth is registered in South Australia or the child has been a resident here for more than three (3) months.
Change of Name applications can be submitted:
- In person at the Registration Office counter.
Please note - applications may not be accepted after 4:30pm. - By post to GPO Box 1351, Adelaide SA 5001.
- For postal applications, documentation in support may be photocopied but must be certified by a Justice of the Peace or Police Officer prior to sending.
Required documents
You must provide original evidence of the following with your change of name application (if posting your application, photocopied documents may be accepted if certified by a Justice of Peace, Solicitor or Police Officer):
For A Person Over 18 Years
your birth
If born in Australia, a full birth certificate is required.
If born overseas, a birth certificate (translated into English if it was not originally in English), current passport or entry visa is required.
your identity
Two (2) from the following list with at least one document showing your signature and current address:
- current Australian driver's licence
- Social Security benefits entitlement card
- current credit card
- Defence Force or Police Service photo ID card
- Medicare card
- current student identity card
- Proof of Age card
three months residence in South Australia (if born interstate or overseas)
Documentary evidence of having resided in South Australia for more than three months (eg bank statements showing your name, address and transaction history for the last three months).
Previous change(s) of name
Previous change of name certificates or deed poll declarations must be produced. If a name was assumed without being legally changed, a statutory declaration will be required. Where a change of name was by marriage, a marriage certificate is required.
For A Child Under 18 Years
the child's birth
If born in Australia, a full birth certificate is required.
If born overseas, a birth certificate (translated into English if it was not originally in English), current passport or entry visa is required. Additional documents showing parentage may also be required.
the identity of each parent/guardian completing the form
Two (2) from the following list with at least one document showing a signature and current address:
- current Australian driver's licence
- Social Security benefits entitlement card
- current credit card
- Defence Force or Police Service photo ID card
- Medicare card
- current student identity card
- Proof of Age card
three months residence in South Australia (if the child was born interstate or overseas)
Documents showing a South Australian residential address for the parent(s)/guardian(s) dating back more than three months will be acceptable.
previous change(s) of name
Previous change of name certificates, deed poll declarations or any court orders granting a change of the child's name must be produced. If a name was assumed without being legally changed, a statutory declaration by the parent(s)/guardian(s) will be required.
If application signed by one parent and parent not signing is deceased
Copy of the Death Certificate for the deceased parent is required.
If application signed by one parent and other parent will not consent, cannot be found or cannot sign the application
Copy of the Court Order approving the change of name is required.
If application lodged by guardian(s) of the child
Copy of the Court Order granting Guardianship is required. In some cases, consent of the parent(s) may also be requested.
Changing a child name
The process for changing a child's name is similar to that of an adult, however there are additional requirements regarding parental consent and consent of the child.
Parental Consent
- If both parents are stated on the child's birth certificate, both parents must complete and sign the form indicating their consent to the proposed change of name. If the father's name is not stated, then the mother may complete the form on her own.
- If one parent is deceased, consent of the surviving parent is required. In these cases, the deceased parent's death certificate must be provided with the application form.
- If either parent cannot be found or refuses to consent to the change, a court order from the Magistrates Court is required. In these cases, you may need to make arrangements for the child to appear in court to give their consent to the proposed change. Please note: a Family Court order may not be sufficient to change the child's name without the agreement of the other parent.
- If both parents are deceased, cannot be found, or for some other reason cannot exercise their parental responsibilities, the child's legal guardian(s) may complete the application form. In these cases, a copy of the court order granting guardianship must be provided. In some cases, parental consent may also be required.
Child's Consent
A child's name cannot be changed unless the child has consented to the change of name.
A qualified person (ie staff member at the Births, Deaths and Marriages Registration Office, Justice of the Peace, Solicitor or Police Officer) must interview the child whose name is being changed (regardless of their age) to determine if they understand the implications of changing their name and if they do, whether they agree to the change.
If the qualified person determines that the child is unable to understand the meaning and implications of a change of name, the new name can still be registered.
In cases where the Magistrates Court has interviewed the child, there is no need to have the child interviewed again by a qualified person. Please note: The child may need to attend Court to demonstrate his or her consent.
Name after a marriage or divorce
Is a change of name necessary?
It is not necessary for a married woman wishing to assume her husband's surname to register a change of name. However, should the married man wish to assume his wife's surname, it is recommended that he formally register a change of name for it to be recognised in society.
A woman may revert to a previous married surname or to the surname recorded on her birth registration upon divorce or at any time without registering a change of name at the Registration Office.
Married persons under the age of 18
A person, who is under the age of 18 and is or has been married, should follow the guidelines for a change of name as an adult.
Notation on birth certificate
Legislation introduced on 1 July 1996 allows a person changing their name a choice as to whether the new name is noted on their birth certificate. This only applies if the person was born within Australia.
Under previous legislation, all changes of name were noted on the person's birth certificate if they were born in South Australia.
If born in South Australia
and you choose ‘YES' to have the new name noted:
- The birth certificate you submit with your application will not be returned to you.
- You will be issued with a new birth certificate showing your new name and the words ‘Please refer to amendments overleaf' will appear at the bottom.
- Details of the change of name and all previous changes of name will appear on the reverse side of your new birth certificate (even if you have answered ‘no' to this question on previous changes of name).
- You will not be able to answer ‘no' for any future changes of name.
and you choose ‘NO':
- The birth certificate you submit with your application will not be returned to you.
- You will be issued with a change of name certificate and a new birth certificate endorsed with ‘This record has been superseded as a result of a change of name; it shows the names given at birth or on adoption'. The new birth certificate will not show your new name, however, all changes of name made prior to 1 July 1996 will still be shown on the reverse.
- Any future change of name that you answer ‘yes' to will automatically update your birth certificate with this change of name (and all previous changes of name).
- To prove your identity (ie for a passport) you will need to provide your birth certificate and a change of name certificate for each change of name since 1 July 1996.
If born interstate
and you choose ‘YES' to have the new name noted:
- You will be issued with a change of name certificate.
- Details of the change of name will be sent to the relevant Registrar of Births for the new name to be recorded on your birth registration.
and you choose ‘NO':
- You will be issued with a change of name certificate.
- The relevant Registrar of Births will be advised of your change of name, even if it is not recorded on your birth registration.
If born overseas
- You will be issued with a change of name certificate.
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Information on copyright for the Office of Consumer and Business Affairs website is provided on behalf of South Australia Central http://www.sacentral.sa.gov.au/site/page.cfm?u=60
Disclaimer
Information on the disclaimer for the Office of Consumer and Business Affairs website is provided on behalf of South Australia Central http://www.sacentral.sa.gov.au/site/page.cfm?u=61
Privacy
The South Australian Office of Consumer and Business Affairs (OCBA) is committed to protecting your privacy and the confidentiality of your personal information, consistent with the South Australian Government's Information Privacy Principles. If you would like to view the full privacy statement please visit: http://www.ocba.sa.gov.au/privacy.html
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If you wish to provide feedback on the Office of Consumer and Business Affairs website please contact the Webmaster via email mailto:webmaster@agd.sa.gov.au
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