Ordinarily a child's name is a matter of state law and is provided for under the Births, Deaths and Marriages Registration Act 1996 (SA). Where the parents agree, a change of a child's name can be done through Consumer and Business Services.

Where parents do not agree, either may apply to the South Australian Civil and Administrative Tribunal for an order changing the child's name [see Births, Deaths and Marriages Registration Act 1996 (SA) s 22]. Such matters were previously heard in the Magistrates Court. The Family Law Courts do not actually make orders changing a child's name but may make an order providing for the name by which the child is to be known, the name to be used in enrolling the child in a school, etc. If there are already proceedings for parenting orders and the name is a disputed issue, it may be convenient to make this application at the same time. However, if there are no parenting issues in dispute and the only dispute is as to the child's name, an application to SACAT is the appropriate step to take to determine the issue.

A child of any age must consent to a change of name unless the child is unable to understand the meaning and implications of the change of name [Births, Deaths and Marriages Registration Act 1996 (SA) s 26].

One parent may apply to the Registrar of Births Deaths and Marriages to change a child's name if:

See Births, Deaths and Marriages Registration Act 1996 (SA) s 25(2).

Section 25A of the Act provides for the Chief Executive of the Department for Child Protection to change a child's name when the child has been under guardianship for at least 24 continuous months or will be under guardianship until 18 years of age. Before directing the Registrar to register the name change, the Chief Executive must usually have regard to the views (if any) of the child in respect of the name change and take reasonable steps to notify the parents of the child and have regard to any submission by the parents [s 25A(3)(b)]. The Chief Executive may only give a direction if of the opinion that it would be in the best interests of the child [s 25A(4)]. Anyone aggrieved by a decision of the Chief Executive to change a child's name is entitled to a review under section 157 of the Children and Young People (Safety) Act 2017 (SA) [s 25A(8)]. See Protection of children and young people - Review of administrative decisions.