Want a unique baby name? Your creativity might face restrictions in Australia

There's a reason you've never met an Australian whose legal name is Goddess or A!3xand3er.

Cropped shot of an Asian mother holding a newborn baby wrapped in a towel.

Australian parents don't have full reign over what they're allowed to legally name their children. Source: Getty / d3sign

Key Points
  • Many of the same names are popular around Australia, with Oliver and Charlotte regularly topping lists.
  • Parents who wish to give their child a more unique name may face restrictions in some parts of Australia.
  • Names that include statements, profanities, symbols, religious references or judicial titles are often banned.
When it comes to baby names, many Australian parents have similar tastes.

Oliver, Charlotte, Amelia, Olivia, Isla, Leo, Henry, and Noah were among the names to .

But giving your child a one-of-a-kind name is not so straightforward, with rules governing what you can - and can't - legally call your baby.

Down With Capitalism and Jake Is Amazing are off-limits

In Australia, naming laws are governed by the states and territories, which, in some cases, have slightly differing regulations.

In Queensland, for example, even if parents are certain that their newborn is exceptional, they can't legally call them Jake Is Amazing.

That's because, according to Queensland's Births, Deaths and Marriages Registration Act (BDM), "names that are or include a statement may be confusing when used in the community, and diverge from the primary purpose of a name in establishing a person’s identity".
A man's hands are holding the little feet of a baby.
You can't name your child with a statement, such as Save Mother Earth or Down with Capitalism. Source: Getty / picture alliance/dpa
Names include Save Mother Earth or Down with Capitalism while self-referential statements like Sam Is Amazing or Truly Awesome are also prohibited.

While some Australian states and territories annually publish , there is a lack of similar disclosure for prohibited or rejected names.

No formal blacklist of names

Despite media reports about governments' lists of banned names, no such blacklists are officially released.

However, some laws that define which names are not allowed do exist, and are quite similar across different jurisdictions.

Names cannot contain offensive or obscene language, such as profanities, sexual, drug or alcohol references, cultural or racial slurs, or anything likely to insult or offend.
The names can't be too long, a maximum of five names in total with a maximum of 38 characters for the given names, which includes spaces between names, in Victoria.

The BDM of Victoria explains that while Alexander Brown is a name that could be registered, Alexander Brian Alfred Percival Wulfric James Victor Christian David Lachlan Brown will not be officiated.

A!3xand3er Brown is also not acceptable because the name can't contain symbols without phonetic significance, like ! or @. 

In NSW, the maximum number of characters for each of the family, given and middle names is 50.

You can't call your kid Passport

The BDM Registration Act of NSW also states it will not accept names that may cause social disharmony, use trademarks, or refer to administrative processes. For example, Adolf Hitler, the Socceroos, or Passport.

Victoria's BDM gives more examples of titles and terms that may not be registered as a person's name:
  • Judicial, Military and Civil Law Enforcement titles - Colonel, Commander, Commissioner, Inspector, Judge, Justice, Marshal
  • Religious titles and categories - Bishop, God, Goddess, Saint
  • Royal titles - Majesty, Prince, Princess, Queen, King
  • Political titles - Premier, President, Prime Minister
Queensland's BDM marks as prohibited religious titles for a first name such as Saint, Bishop, Goddess, Father, Sister or Pope, and the complete names of religious figures such as Jesus Christ, God, Satan, or Dalai Lama.

However, it says that names that are commonly or traditionally taken in the representation of personal faith, such as Jesus or Mohammed, are allowed.

The 'Methamphetamine Rules' experiment

In September 2023, ABC journalist Kirsten Drysdale "Methamphetamine Rules" as part of a work experiment.

The name was accepted by the NSW Registry of Births, Deaths and Marriages, and she received confirmation with a birth certificate.

After the story went viral, a spokesperson for the registry acknowledged it would have to "strengthen" its naming process as the flaw was exposed.

A grey area

Each Act has a statement regarding "Names that are contrary to the public interest for some other reason", effectively creating a grey zone open to varied interpretations.

Within 60 days, parents must register their child's birth. In cases of disagreement over the name, the law grants the Registrar of Births, Deaths, and Marriages the authority to decide the child's name.

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4 min read
Published 3 February 2024 5:31pm
By Svetlana Printcev
Source: SBS News


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