Naming your newborn child – or changing your own name – is an important and exciting event.
The vast majority of names chosen by parents for their child, or by people for themselves, can be registered with the Registry of Births, Deaths and Marriages Victoria (BDM). However, there are some names that are classed as prohibited by the Births, Deaths and Marriages Registration Act 1996 (the Act). Where a name is determined to be prohibited, BDM will not register that name.
Before making a decision, BDM will take into account a number of relevant factors including cultural and family relevance and how the name would be perceived in the community.
If BDM determines not to register the name, we will explain why, listen to your reasons, and may try to help you find a new name that keeps the meaning but is not prohibited and can be registered.
Policy objective
This policy sets out what names are prohibited and the approach BDM takes when making a decision about whether to register a name.
Why are some names prohibited?
Names are an important part of identity. They are used every day by you, your family and the wider community. It also appears on legal documents like your birth certificate, passport, and driver’s licence.
The law sets rules to make sure names:
- work properly on official records
- can be used in everyday life
Which names are prohibited names?
BDM won’t usually register a name if it:
- is obscene or offensive
- can’t reasonably be used in the community
- goes against the public interest
How BDM makes a decision to register a name
This policy does not include every possible rule about names.
BDM (the Registrar or their delegate) makes decisions on a case by case basis. We consider things like:
- cultural, family, or community meaning
- whether the name can be used in daily life and on official documents
- how people in the community will understand the name
- whether the name could confuse, harm or offend people, or conflict with any laws
- human rights
BDM aims to balance personal choice with fairness, inclusion, and community standards.
What happens if the name cannot be registered?
If BDM determines not to register your name, we will explain why, listen to your reasons, and may try to help you find a new name that keeps the meaning but is not prohibited.
We will also tell you how to ask for a review if you disagree.
If a child’s name will not be registered and the parents don’t give a new name, the Registrar may choose a name so the birth can be registered.
If you apply to change your own name or your child’s name, BDM will not approve it if the new name is not allowed. The current name will stay the same.
The Registrar has the legal right to refuse a name that is considered prohibited under the law.
Human rights and naming decisions
These rights are important when the Registrar reviews a name:
Recognition and equality before the law (section 8)
Everyone has the right to be treated fairly and equally before the law. BDM applies the same rules to everyone. We don’t discriminate. We make decisions fairly, consistently and with respect for individual circumstances. We may support cultural or community naming practices, so people use names that are meaningful to them. These actions are consistent with the Charter’s equality principles.
Privacy and reputation (section 13)
Everyone has the right to privacy. BDM handle your information in accordance with the law.
Freedom of thought, conscience, religion and belief (section 14)
Everyone has the right to hold and practise their own beliefs. BDM recognises that names can have religious or spiritual meaning.
Freedom of expression (section 15)
Everyone has the right to express who they are. Choosing a name is one way people do this. BDM respects this but may refuse to register a name that is prohibited.
Protection of families and children (section 17)
Families have the right to protection and support. Every child has the right to a name and legal identity. This is so they can access essential services and documents.
Cultural rights (section 19)
Everyone has the right to enjoy their culture, use their language and follow their traditions. Aboriginal Victorians also have distinct cultural rights to maintain identity, family ties, and connection to land and community. BDM respects cultural naming traditions and works with applicants to find a suitable name.
Obligations on public authorities (section 38)
BDM must follow human rights in all its decisions.
Review of decision
If you want to ask for a review, visit Feedback, Complaints and Review of Decisions.
Registrar review
You can write to ask the Registrar to review their decision. In your request, clearly explain why you think the decision should be changed.
External review
If you are not happy with the Registrar’s decision, you may:
- Make a complaint to the Victorian Ombudsman
Try to resolve the issue with BDM first. The Ombudsman will usually look at a complaint only after you have given us a fair chance to fix the problem.
- Apply to the Victorian Civil and Administrative Tribunal (VCAT)
You must apply within 28 days after the Registrar’s decision. The application must follow the Victorian Civil and Administrative Tribunal Act 1998.
Information about VCAT is available at https://www.vcat.vic.gov.au, or you can contact VCAT directly on 1300 018 228.
Updated