How to Notarise a Name Change Deed in Australia

Requests to notarise a "name change deed" usually come from people living in Australia who hold another country's passport, or who have property, accounts or family records abroad, and whose name has changed. The foreign authority wants evidence of the change it can rely on, and has asked for something notarised.

The first job is to work out which document it actually wants, because there are three quite different ones, and only two of them involve a notary.

Three documents that get called a "name change deed"

1. An Australian change of name certificate. In Australia, a formal change of name is usually made by registering it with the Registry of Births, Deaths and Marriages in your state or territory, which then issues a certificate. Who can register, and where, depends on where you were born and how long you have lived in the state, and the rules differ between states. Check with the registry.

2. A deed of change of name, or deed poll. A document you sign declaring that you have abandoned your former name and adopted a new one. Deed polls are the standard mechanism in some countries, notably the United Kingdom. Most Australian agencies, by contrast, generally rely on the registry certificate rather than a deed, so a deed is usually prepared because a foreign authority asked for one.

3. A sworn declaration or affidavit of change of name. A statement on oath or affirmation that you are one and the same person known by both names, often on a template the foreign authority supplies.

If you are not sure which you have been asked for, ask the authority to name it, or send you its template. Getting this wrong is the most common reason these documents come back.

If you changed your name by marriage

You probably do not need any of these. In Australia, many people use a married name by showing their marriage certificate, and many foreign authorities accept the marriage certificate as the link. Our page on notarising a marriage certificate covers that route.

How to have it notarised

A change of name certificate is issued by the registry. A notary cannot notarise the change itself. The notary can certify a true copy of the original certificate. In many cases DFAT can also authenticate the original certificate directly, with no notary at all; confirm with DFAT before relying on that.

A deed or a declaration is where the notary's work is. You sign it in front of the notary, who:

• checks your identity, usually from a passport, and often wants to see documents in both names so the link is evident;
• confirms you understand what you are signing and are signing freely;
• witnesses your signature, or for a declaration administers the oath or affirmation; and
• attaches a notarial certificate and records the act in the register.

Bring the unsigned document. If the foreign authority's template calls for additional witnesses, ask before the appointment whether the notary can arrange them or whether you should bring your own.

The notary witnesses the execution. The notary does not make the change of name effective and does not confirm that a deed will be recognised under Australian or foreign law. Execution formalities for a deed differ between legal systems, which is another reason to use the receiving authority's own template.

When to see a solicitor

Talk to a solicitor before signing if:

• the change of name is meant to have legal effect in Australia, rather than only supporting a foreign record;
• it concerns a child, where consent from both parents, parenting orders and state registry rules all come into play; or
• you are unsure whether you are eligible to register a change with an Australian registry.

Getting a certified copy

Keep the signed original safe. Several authorities may each want one: a foreign passport office, a bank, a pension fund, a land registry. Each normally wants its own notarised copy rather than a photocopy of yours. Ask each for its requirements and have all the copies certified at one appointment.

Getting it apostilled or legalised

A deed or declaration signed before an Australian notary is an Australian document going overseas, so it usually needs DFAT authentication. Only DFAT issues apostilles; a notary cannot.

• If the destination is a party to the Hague Apostille Convention, DFAT issues an apostille. Membership changes, so check the HCCH status table on the day.
• If it is not, DFAT authenticates the document and it then goes to that country's embassy or consulate in Australia for legalisation.

Some countries go further and expect the change to be published locally, or recorded in their own civil register, before a passport or record is updated. That step happens there, not in Australia. Ask whether it applies before relying on the notarised document alone.

A deed or declaration in English may need translation. The receiving authority decides whose translation it accepts.

What it costs

Notarial fees are not set by statute and vary between practitioners. As a market estimate only:

• witnessing a deed or declaration of change of name: roughly $90–$180
• certified copy of a change of name certificate: roughly $80–$150
• each additional certified copy at the same appointment: roughly $20–$50

The registry's fees for registering a change and issuing a certificate, DFAT's fee per document, and embassy legalisation fees are separate. Check each directly.

Frequently asked questions

Can a Justice of the Peace witness my deed poll? For use overseas, generally not. A JP is not recognised abroad and a JP-witnessed document cannot be apostilled. Some foreign authorities have their own witness rules; follow them.

Can the notary draft the deed for me? Some notaries also practise as solicitors and may prepare one. Ask first whether the receiving authority has a template, because a custom document is more likely to be queried.

I was born overseas. Can I register a name change in Australia? Possibly, depending on the state and your residence. The registry decides; ask it.