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Father's last name wrong

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I have just found out that my ex signed my 14 year old son's birth certificate with an assumed name and not the legal one on his birth certificate.

Ex has used this name for 25 years but has now chosen to change back to his birth name because he wants a passport to go overseas and it is easier and faster for him.

My main concern is that my son dreams of going into the army when he is 17, if he is deployed overseas within that first year he needs my ex to sign for him to obtain a passport and by then said ex will have no identification in the name on my son's birth certificate.

Can anyone help me with the steps I need to take to amend my son's birth certificate, also if there is any legal implementations (←-correct word unsure) against me for allowing false information to be given on the birth certificate in the first place?

Thank you.
I think you'd be best speaking with Births, Deaths and Marriages about this.
Risa,

With respect, what an oddly specific concern. Never the less:

"I have just found out that my ex signed my 14 year old son's birth certificate with an assumed name and not the legal one on his birth certificate."

1. First you say "I just found out that my ex signed…" and then you ask if you are facing any legal ramifications "for allowing false information to be given on the birth certificate in the first place". You either "just found out" or you "allowed false information to be given on the birth certicate" - it cannot be both. You see my point. Based on this alone, please don't ever self-represent.
2. I assume that you and Dad put down a fake/false name on the child's Birth Certificate - for what reason, god only knows, but one can assume its not to avoid political/religious persecution and more akin to fraud and the evasion of liability (criminal or financial.
3. Is it an offence to knowingly provide false details on a Birth Certificate? To be honest I don't know - if it constitutes a sworn/affirmed declaration then yes, but I don't know - anyone?!

"Ex has used this name for 25 years but has now chosen to change back to his birth name because he wants a passport to go overseas and it is easier and faster for him."

4. When you say "he has used this name for 25 years", do you mean his real name or the 'fake' one you allowed him to put on the Birth Certificate? I imagine you mean his real name because putting a fake name on a Birth Certificate doesn't create a new idenitity. But then that does not make sense because you are saying its faster for him to get a passport issued in his 'other name'. What the hell? Unless this guy is the Jackal, how exactly is it faster for him to prove his identity and have a passport issued under a fake identity?!

"My main concern is that my son dreams of going into the army when he is 17, if he is deployed overseas within that first year he needs my ex to sign for him to obtain a passport and by then said ex will have no identification in the name on my son's birth certificate."

5. Though I seriously doubt this is your "main concern"…
  - What are the statstical chances of your child being deployed overseas at age 17?
  - You can easily bypass the requirement for Dad's consent if he does not respond to a single parent/guardian application for an Australian Passport - given you are claiming he wont be recognised as 'Dad' because he has a different legal name and indentification in that name, he can't 'respond' (at least not using his 'other name') so your Application will be granted.
  - or… get Dad to swear a Statutory Declaration when filing a joint Application for an Australian Passport in which he declares that X name and Y name are "one in the same person".

None of this adds up but hope the above helps regardless…

- Zer0ne -
I am presuming this may be an issue when a mother remarried in/around early 70's she could relinquish the surnames her children had previously been known by(ie birth fathers surname removed). my partner is in this situation and uses the new name, his siblings however choose to go back to their fathers name. for those who don't know it is as simple to change back and forth between the names as if for a women you were marring or divorcing and changing your name.
If dad does sign passport then it should be as simple as providing both birth certificate and certificate of name change. no-one in my partners family has previously had any trouble with issues relating to their relinquished name. It would not be frued if this is the case either. hope that helps.
Zer0ne83- try re-reading it.
It seems the father was known by a name when with the mother which she has now found out is not his legal surname- not knowing any different mother submitted a registration of birth which the father had signed- she obviously did not know it was not his legal surname he had written though-

She now realises that the surname was fraudulent and as she probably submitted the forms to register the birth she is wondering if she can be penalised because she did not check and make sure father had signed his legal name.


its easier and faster for him to revert back to his legal surname- which is the reason for him to changed back- then to have to go through the procedures to have it formally changed to the name he has been recognized as for the last 25 yrs.




Rissa- if you did not know at the time that he had provided a name that was not his legal name then it is not your fault and you can not be penalised. Call BD&Ms and see if you can ammend your  sons birth certificate to show your ex's proper name. You may need to provide a copy of his birth certificate/passport but there should be no reason for it not to be ammended.
Otherwise your son can apply for a passport under special circumstances if need be- if he is going to be deployed then he would need to be recognised as independent from you and his father so therefore would be able to apply for his own birth certificate without your signature.
If that is the case then Jayden is spot on - if you didn't know then you weren't the one supplying false details - nothing to worry about.
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