Tag Archives: naming laws

Famous Name: Duke

14 Wednesday Jan 2015

Posted by in Famous Names

≈ Comments Off on Famous Name: Duke

Tags

, , , , , , , , , , , , , , , , ,

Front page only -Dukes_Day_A4_Jack McCoy 27 June

Famous Namesake
Last weekend there was a festival at Freshwater, on Sydney’s northern beaches, in honour of Hawaiian surfer Duke Kahanamoku. A century ago, Duke introduced surfing to Australia, riding a board he fashioned from Sydney timber on Christmas Eve, 1914. It was so popular that he gave a second demonstration on January 10 1915.

It was Australian swimmer Cecil Healy who brought Duke here. Cecil was one of Australia’s greatest competitive swimmers at the turn of the twentieth century, saving numerous people from drowning as a surf lifesaver, touring Europe to demonstrate the daring new “crawl” stroke, and competing in the earliest modern Olympic Games.

At the 1912 Games in Stockholm, Cecil and Duke both qualified for the semi-finals in the 100 metre event, but because the American team missed the bus, none of the US swimmers qualified for the finals. Cecil intervened, and helped the Americans appeal: because of his assistance, the Americans were allowed to swim another race, and Duke qualified for the finals. In the final, Duke won easily, and Cecil came second.

His good sportsmanship had cost Cecil a gold medal, but it gained him a friend. When Cecil invited Duke to come to Australia and give swimming and surfing exhibitions, he could hardly refuse. Just two years after introducing surfing to California, Duke was at Freshwater to demonstrate the Hawaiian sport. The crowd went wild, and in a heartbeat, Australia’s love affair with surfing had begun.

Today Freshwater boasts the title Home of Australian Surfing. Duke’s board is on display at the Freshwater Surf Life Saving Club, and there is a bronze statue of Duke Kahanamoku on the headland at Freshwater. Freshwater is a sister city to Waikiki in Honolulu, and every year it celebrates Duke’s Day, to honour the Hawaiian athlete who made such a huge contribution to Australian culture.

Duke Kahanamoku continued to win Olympic medals, and later became a Hollywood actor. In 1940, he married Nadine Alexander, an American dancer whose mother had been an opera singer from South Australia. Sadly, Cecil Healy was killed on the Somme in 1918, the only Australian gold medal-winning Olympian to die in battle.

Name Information
Duke is an aristocratic title, traditionally the highest rank of the nobility, just below a monarch. Dukes can also rule their own countries as monarchs, but today there is only one ruling duke – His Royal Highness Henri, Grand Duke of Luxembourg. Although we usually think of dukes as being male, Queen Elizabeth is both Duke of Normandy and Duke of Lancaster.

The word comes from the Latin dux, meaning “leader”. It could be given to a military commander, and also governors of provinces. Later it meant the highest-ranking military officer in a province.

As a slang term, the dukes are the fists, and thus “to duke it out” means to settle a score using your fists. This is probably from Cockney rhyming slang, where Duke of York means “fork”; fork is Cockney slang for “hand”, because they have a similar shape.

The surname Duke could have been given to someone who worked in a duke’s household or was part of his entourage, and as medieval dukes tended to have other nobles around them, many of the early Dukes were of aristocratic origins. The surname can also be derived from the Irish name Marmaduke, meaning “follower of Saint Maedoc”, and it has a long history in Ireland, especially Northern Ireland.

Just as with the surname, Duke can be used as a nickname for the first name Marmaduke, however it is often bestowed or self-chosen as an honorific nickname. Jazz legend Edward “Duke” Ellington was given his nickname in childhood from his elegant manners. Hollywood star John Wayne (born Marion Morrison) also became known as Duke in childhood, because he was always in the company of his dog, Duke. Understandably he preferred Duke to his given name Marion, and when he started out as an actor tried using Duke Morrison as his screen name, but the producers preferred John Wayne. The Thin White Duke was one of David Bowie’s stage personae.

Duke has been used as a personal name since at least the 16th century, and although it originated in England, has historically been more common in the United States. In case you were wondering, Duke Kahanamoku was named after his father, and Duke Kahanamoku Senior was given his name in honour of Prince Alfred, Duke of Edinburgh, who was visiting Hawaii in 1869.

Duke has been on and off the US Top 1000 since 1880, and after a break of more than forty years, it returned in 2013 and is currently #718. In England/Wales, there were 21 baby boys named Duke last year.

Duke can be found as a personal name in Australian historical records from the late 19th century onwards. It is much more common as a middle name, and as it was sometimes given to girls in this position, suggests it was inspired by the surname in many cases. It is often found as a common law nickname, and in one case at least, the baby was christened rather humorously, as his name was Duke Wellington.

The name became problematic in Australia during the 1990s when name laws were introduced, because titles as names were not permitted. This wasn’t much of an issue at the time, as the numbers of parents wanting to call their sons Duke were few and far between – flourishing at the turn of the twentieth century, the name Duke was very much out of fashion back then.

However, things have changed. Not only are vintage names firmly back in style, there have been a number of recent fictional Dukes to raise interest in the name, including Duke from GI Joe (played by Channing Tatum in the movies), Duke Crocker from supernatural drama Haven, Duke Nukem from the video games, and maybe even the Dukes of Hazzard, who got a big-screen outing.

As a result, some parents have begun to chafe against this restriction, and in New South Wales, the name Duke was successfully challenged in 2009, so that it is now permitted in this state. Queensland has revealed that it has registered Duke as a baby name, and in South Australia the name Duke was registered 4 times last year. In Victoria, the name Duke was registered 8 times in 2012, and in Tasmania, Duke was registered twice in 2010.

Some parents may still be avoiding the name in the belief it is outlawed (I have seen babies named Juke and Djuke in a possible attempt to circumvent the name laws), but all signs point to it being an accepted choice. So if you want to use this rather cool vintage name for your son – go for it!

POLL RESULTS
Duke received an approval rating of 52%. 22% of people thought the name Duke was strong and masculine, but 12% thought it was inappropriate because it was a title.

Name News Round Up

17 Tuesday Dec 2013

Posted by in Names in the News

≈ 4 Comments

Tags

, , , , , , , , , , , , , , ,

News

Baby Center Australia has released its most popular names for 2013, with Oliver and Charlotte taking the #1 positions. Names with a strong V featured prominently, including Ava, Evie and Ivy, and X, with Jaxon and Jaxson included along with Jackson. Less common names from the site: Blue, Chevy, Blip and Daxx.

Meanwhile, News Limited looked at data from birth registries all over Australia to see how popular culture is affecting name choices. Some names from Game of Thrones, Breaking Bad, Dexter, Downton Abbey, Mad Men, NCIS, How I Met Your Mother, and The Big Bang Theory are up, or appearing for the first time. There’s some rubbery figures, with whole groups of names being counted together, and even quite common names like Abby and Catelyn being counted as “pop culture”. Numbers are statistically significant, but overall very low, so no need to panic in regard to popularity. Most interesting factoid: Dexter peaked in 2010 at 67 births, so the chances of this name hitting the Top 100 are slipping away. Also the fairly ridiculous assertion that “popular culture” names will put your child in hospital … Health Department, please release a health warning on names!

Sabrina Rogers-Anderson from Kidspot is French Canadian by origin, and wanted a French middle name for her daughter, so she and her husband chose Fée – French for “fairy”, and pronounced FAY. Unfortunately, when they went to register the baby’s name in New South Wales, they were told that all accents and diacritical marks were forbidden. Rather than name their baby Arabella Fee, they changed the spelling and went with Fae. However, Sabrina believes that the rule is culturally insensitive, as it disallows valid names and spellings from other countries.

Rebel Wylie from Kidspot is expecting baby number three, a boy, and finds that all is not going well in choosing the name. In her tongue-in-cheek article, she claims her husband Andy is not playing fair in the baby name discussions, because he rejects every name she comes up with, but never suggests anything himself. After moaning about it to her girlfriends, it turns out The Sisterhood believes that the mother gets automatic naming rights as the one bonus of an otherwise miserable pregnancy. Rebel enthusiastically becomes a supporter of this theory, and chooses the name herself. She says Andy only gets a say-so if he can come up with something (she likes) better. A lot of angry comments from people who didn’t find it funny, but some interesting ones too.

Starts at Sixty website looked at the top baby names of 1950, with Jennifer and Peter leading the pack. The author of the article opines that in the past, parents were much more interested in tradition and the meanings of names, and chose accordingly, while today parents choose names from favourite places, TV stars, and brand names. I’m not convinced that parents don’t care about name meaning today – I get so many search terms from people looking for a name with a particular meaning. Lots of interesting comments from the 60+ crowd on how their names were chosen – including a Julie who had her name picked out of a hat (meaning and tradition?!) There were also plenty named after film stars, showing that celebrity name inspiration is no new phenomenon.

The Logan Reporter mourns the days when Sally, Jane, David and Brian were popular names. Newsflash from Logan – the 1960s are over. They’re still coping with the time-lag, including some problems with multicultural Australia. Oh dear.

Should She Change the Spelling of Her Daughter’s Name?

26 Saturday Jan 2013

Posted by in Naming Assistance

≈ 13 Comments

Tags

, , , , ,

U1264Laura has a five-month-old daughter named Lijsbeth, which is a traditional Dutch spelling of the name Lisbet, and is pronounced LEES-bet.

Few people have been able to pronounce Lijsbeth’s name, and even her Australian grandparents haven’t been able to learn to say it properly. Laura is getting heartily sick of having to correct people all the time, and feels bad for her daughter that nobody knows how to say her name – especially as Lijsbeth’s big sister has a very simple, straightforward name (for example, Katie). She has started telling people to just call Lijsbeth by the nickname Bessie, even though Laura doesn’t particularly care for this name.

Since her daughter was born, Laura has learned from a Dutch cousin that the spelling Lijsbeth is considered so old-fashioned in the Netherlands that even Dutch people would have trouble pronouncing it.

Laura is starting to think it might be a good idea to officially change the spelling of her daughter’s name, probably to Lisbet (said the same way as Lijsbeth), although she’s not completely sure. She still wants her baby girl to have a Dutch name with Dutch pronunciation, like Lisbet, but she’s worried it won’t be said properly.

~ ~ ~ ~ ~ ~ ~

This is the first time someone has written in to the blog having already named their baby, but not completely satisfied with the results.

I think that if you want to change the spelling of your daughter’s name, then you’ve got good reasons for wanting to do so. In just five months you’ve already run into issues, and if you’re fed up with constantly correcting people after this brief period, you have to remember that Lijsbeth has a lifetime of it ahead of her.

Not only that, but you’ve also discovered that her Dutch name, chosen to honour her heritage, would be a curiosity and a stumbling block even in the Netherlands. I don’t think it’s unreasonable to use the modern Dutch spelling instead.

I think Lisbet is much simpler to spell than Lijsbeth, but I’m not sure it would solve the pronunciation issues, because they are said exactly the same way. I don’t actually think LEES-bet is that hard to say, once you’ve learned how, but explaining it to everyone is probably a pain.

Luckily, you only have to register the spelling of a baby’s name, not its pronunciation, so I would just concentrate on the spelling for now, and worry about pronunciation later. Changing the spelling might make it easier for people to understand; you may become more relaxed about people’s attempts to say the name correctly; it’s possible that in time you will decide to compromise on how the name is said. I would just put that issue to one side for now and see what happens.

I think your idea of using a nickname for everyday use is a brilliant one, but what a shame you don’t like your daughter’s nickname. Is there something else you could use instead? Lisa, Leesie, Libby, Libsy, Lili, Lilbet, Itsy, Issy, Betty, Betsy, Bitsy, Bibi, Biddie, Birdie …. ?

As your daughter gets older, she will probably develop her own ideas about how she’d like her name to be pronounced, and what nickname she would prefer. Our names do often evolve and change with us, and she may come home from kinder one day and announce that her nickname is Lissy, because that’s what all the other kids call her.

The good news is that it is relatively easy to officially change your child’s name (or its spelling) before it is 12 months old. My understanding is that in the first year, it’s not considered a legal name change, but simply an amendment to the birth certificate. That means that whatever the original name was, it will simply be wiped from the records as if it had never existed.

Each state and territory has different rules, but in some states it is free, and in others you will have to pay a nominal administrative fee. Just like registering the name for the first time, both parents must sign the certificate at Births, Deaths and Marriages, and once you have the new birth certificate, you’ll have to change her details with Medicare, Centrelink, the doctor’s office, and anywhere else that has her name in their database. A bit of paperwork to fill in, but that’s about it.

You may also want to send a mass e-mail to everyone you know, briefly explaining you’ve changed the spelling of your daughter’s name to something simpler, but that the pronunciation will stay the same. This could also be an opportunity to let them know that a nickname of your choice can be used instead.

It is important that you are absolutely sure that you want to do this, that you know exactly which spelling you want to use, and that both parents are completely on board with it. It’s really something you don’t want to delay either, so I would get on to it as soon as you know what you want to do.

Good luck Laura, I’m sure you will be able to come up with a solution that makes life easier for you, and ultimately for your little girl as well. Write in again if you still feel unsure about it, or run into further issues down the track.

NOTE: In the end, Laura decided her daughter’s name didn’t need to be changed.

POLL RESULTS: Just over half of respondents voted that the baby’s name be changed to Lisbet. Nearly 18% voted for the spelling to be unchanged.

(Image from Embroidery Library)

Googly Gender-Bending: Your Questions on Unisex Names Answered

15 Sunday Apr 2012

Posted by in Your Questions Answered

≈ 20 Comments

Tags

, , , , , , , , , , , , , , , , , , , , , , ,

You may be expecting a blog review this week, and I hope you are not too disappointed that one isn’t appearing. The truth is, I feel quite burned out in regard to the reviews, and also think that several name blogs are currently in a state of flux. I hope that if I wait a few months, it will give new blogs a chance to catch up, and abandoned ones a chance to resume.

In the meantime, here I am starting yet another Category – this one, Your Questions Answered. I’ve noticed many interesting questions typed into Google, and although they got sent to my blog, alas, they received no answer here. So this is my chance to make good on their requests.

I thought I’d begin with a few of the many enquiries in regard to unisex names, since it is such a popular topic. I think it is worth mentioning that so far, nobody has Googled, “what is a male name I can steal for my daughter so there are no names left for parents of boys to use” or “how can I give my son a feminine name in order to scar him psychologically”, which is how some people seem to imagine the mental workings of the bestowers of unisex names.

The fact that so many people are so frequently searching suggests that far from using a unisex name in a frivolous way, a lot of thought is going into it. In turn, I’ve tried to put a lot of thought into answering them, steering a steady course between a laissez faire “anything goes” attitude, and a shrill denouncement of anyone daring to suggest that any name at all can be unisex.

In doing so, I’ve considered the origin, meaning, history, namesakes, and popularity of a name, both current and past. I’ve tended to go with the theory that surnames are unisex, unless they have a specifically gendered meaning, or are derived from specifically gendered personal names.

One thing I should make clear is that unlike some other countries, Australia has no naming laws in regard to gender. According to legislation, all names are unisex, and you are quite free to name your daughter Matthew or your son Chloe if you wish.

I’m presuming that when people ask if a name is male, female, or unisex, they are asking the community for their opinions on the subject. Of course, my opinions are just that – opinions. Feel free to leave your own opinions!

Note: Popularity of names based on Australian data.

I: BOYS TO GIRLS?

Henry as a girl’s name

At first glance, the idea of Henry as a girl’s name seems utterly potty. Henry is not only Top 100 for boys, but also a classic boy’s name which has charted for males for over a century, and been accepted as such for more than a thousand years. However, I do remember a Famous Five book where there was a female character named Henry – short for Henrietta.

My Verdict: A boy’s name, unless short for Henrietta

Luca as a girl’s name

Luca can be the Italian form of Luke, but also the Hungarian form of Lucia. In the latter case though, it is pronounced LOO-tsa, rather than LOO-ka. Luka seems to have a reasonable history of use as both a male and female name across a range of different cultures. I’d probably lean towards using Luka for a girl instead.

My Verdict: Both a boy and a girl name, but the two names are pronounced differently

Dylan as a girl’s name

Dylan was a Welsh god, so the name’s origins are masculine. Furthermore, Dylan has charted as a boy’s name since the 1960s, but never for girls. You could use the completely unrelated Irish surname Dillon though, which an English speaker would pronounce the same way anyway.

My Verdict: A boy’s name, sometimes used on girls

can Cadel be a girl’s name

It is a variant of Cadell, which for many centuries has been used and accepted as a male name. However, the explorer Francis Cadell has a few places in South Australia named after him – you could always claim Cadell as a place name. Place names based on surnames based on gendered personal names seem to be something of a grey area.

My Verdict: A boy’s name

can Myles be a girl name

In Greek legend, Myles was most definitely a man, and this name has a long history as a male name. However it’s now being used on girls – perhaps it seems like the “correct” form of Miley?

My Verdict: A boy’s name, currently being used on girls

II: GIRLS TO BOYS?

when can Hazel be a boy name?

I guess whenever you feel like using it as such. Hazel is a nature name and a surname, so seems quite unisex, and in fact does have some history as a male name. Having said that, it’s currently rising in popularity as a girl’s name, and has never charted for boys.

My Verdict: Technically unisex, but usage is almost entirely feminine

Can I call my boy Kaia

I think you can, but nobody seems to agree. Kaia seems unisex to me, but nearly everyone insists that it’s feminine. However, the name Kaya definitely is unisex, and worldwide seems to be used by more men than women. It’s used in so many different countries that it’s practically unicultural as well. I think I’d prefer to go with Kaya, although I don’t see why Kaia can’t be a variant of Kaya.

My Verdict: Your choice!

Noa as a boys name

Although Noa is a female name in Hebrew and Japanese, it’s also a Polynesian male name meaning “freedom”. There was a famous rugby league player from Fiji named Noa Nadruku, who played for Australian teams in the 1990s.

My Verdict: Both a boy and a girl name depending on origin

can Starr be a boy’s name?

Sure it can, it’s a surname as well as a place name. In fact, the surname seems to derive from a masculine first name which may mean “ox”, so if anything it’s more male than female. There’s a comic book hero called Starr the Slayer, a barbarian king. He seems pretty blokey.

My Verdict: Unisex, leaning towards male by history and meaning

is Kelly becoming popular as a boys name

Apparently not. It’s still charting as a girl’s name, although slowly declining, and has never charted as a boy’s name. I have seen some boys named Kelly though; it’s rare as a boy’s name, but not unheard of.

My Verdict: Unisex, but usage is almost entirely feminine

III: CONFUSED ON THE ISSUE

is Stacey more common as a boy or girl name

It isn’t common for either sex – currently it’s not on the charts at all. However, when it did chart, it was only as a female name.

My Verdict: Historically, much more common as a girl’s name

can a man’s name be Ashley or it that just a girls name

It can be used for both sexes. Famous Australian men named Ashley include tennis player Ashley Cooper, and swimmer Ashley Callus. It charts as both a male and female name, although as a female name it is still Top 100, and as a male name it is now in rare use. Historically it has been male for longer, but hit a higher peak of popularity as a female name.

My Verdict: Historically more common for boys, but currently more common for girls

Is Remy a boy name or a girl name

It’s based on the Latin name Remigius, so it’s usually a boy name. However, Kay from Nook of Names pointed out that it could just as easily be based on the female form Remigia. In its country of origin, France, Remy is occasionally used as a female name.

My Verdict: Most often a boy name, but can be used as a girl name

is Jade boy or girl

It’s a unisex name. Famous Australian men named Jade include soccer player Jade North and AFL player Jade Rawlings. Famous Australian women named Jade include swimmer Jade Edmistone and singer Jade McRae. Jade has charted for both sexes, but currently it’s Top 100 for girls, and in rare use for boys.

My Verdict: A name for both boys and girls, but much more common for girls

Is Darcy considered a boy or girl name

Ooh good question. Darcy charted as a unisex name from the 1900s to the 1950s, and then in the 1950s it became a male name only. Currently it generally seems to be rising as a female name and declining as a male name.

My Verdict: Originally unisex, and may be returning to that state

(Picture is of Australian androgynous model Andrej Pejic, who successfully models both male and female clothing)

More Eastertide thanks are due to the unisexily named Lou from Mer de Noms, for reblogging Boys Names of Australian Aboriginal Origin! (If you read that carefully, it’s a poem).

Two Souls with But a Single Thought: Agreeing on Baby Names

05 Sunday Jun 2011

Posted by in Naming Issues

≈ 10 Comments

Tags

, ,

 

 

Two souls with but a single thought

Two hearts that beat as one.

~Friedrich Halm~

It’s a nice and often quoted idea, but the truth is, it can sometimes be quite hard for two souls to have but a single thought. Frankly, it can be a bit of an ask for even one soul to contain a single thought when it comes to baby names.

The most compatible of couples can have differing opinions about the perfect name for their baby, but reach agreement they must. Under Australian law, both parents of a baby have to sign the birth certificate in order to get it registered. (If you are a single mother, you only need to gain the father’s agreement if you have put his name on the birth certificate).

As it is your legal imperative to choose a baby name in unison with your partner, it seems to be my duty to offer guidance on how to reach this happy state of concurrence with the least possible amount of wailing, gnashing of teeth, hair-pulling and shin-kicking.

1: Take your time

You have your entire pregnancy to choose a baby name, and about twenty weeks to choose a gender-specific name, if you have decided to find out the baby’s sex in advance. After the baby is born, you have a generous sixty days to get all your paperwork in and register the birth. If you are still dithering or arguing after the baby is born, take as much time as you need until you are really sure.

2: Do it your way

Every couple has their own way of deciding on baby names. Some couples write their favourite names on separate lists, then swap lists and cross names off they don’t like. Others start reading a baby name book at page 1 and keep reading until they see a name they both like (these tend to end up with a baby name starting with A, I’ve noticed). Others patiently wait for inspiration to strike, and one day they watch an old movie with Spencer Tracey, and there you go, their baby is named Spencer as easy as that. You can download name-selecting software, scan birth notices, ask all your friends and family, hang out on name forums, pick names out of a hat, or pray for divine guidance – it’s completely your choice. There’s no right or wrong way to do it, so go with what works for you.

3: Don’t take it personally

It’s natural to get emotionally attached to your favourite names. When someone says, “Nope, I don’t like that name at all,” it can be confronting or even upsetting. But getting defensive doesn’t help. Remind yourself that they are only rejecting a name, they are not rejecting you.

4: Don’t be rude

Knowing that the other person might get a bit upset if you trash-talk their most beloved baby name ever, try to be sensitive about it. Avoid using judgemental words like “ugly”, “stupid”, “insane”, or “bogan”. Also try to avoid eye-rolling or making vomiting noises.

5: Explain yourself

When you dislike a name your partner suggests, instead of just stating, “I don’t like it”, try to explain why you don’t like it, while remembering to be nice about it eg “I don’t care for the name Spike; I’m not keen on vocabulary names, and I would prefer something softer-sounding and more traditional for our daughter”. Straight away, your partner can begin to identify what names you might like just from that one sentence.

6: Look for similarity

When you disagree on baby names, try to concentrate on where your tastes converge, not where they differ. If he likes Jedidiah and you like Gabriel – great, both of you chose Biblical Hebrew names. She picked Ava but you prefer Hayley – fantastic, both two-syllable names of old movie stars from the Top 50 with an AY sound in them. If one of you wants Nyssa and the other Peri … well you both like cutesy unusual names. And you’re Dr Who nerds. Start from the point where you want the same thing.

7: Accept vetoes

If your partner hates nature names, throw Ocean off your list. And if they have a horror of any name on the Top 100, forget about Charlotte or William. The funny thing is, if you just accept someone’s veto, they are more likely to change their mind later on than if you argued with them. The person who hates nature names may give the thumbs up to Hazel, casually explaining that they don’t count plant or flower names as “nature” names. And the person who swore up and down that the Top 100 was off-limits may suddenly decide that Declan isn’t too popular after all.

8: Take a break

When couples spend ALL their time discussing baby names, reading baby name books and revising their baby name list, they can easily get burnt out. After a while, names start to blur into each other, and you can no longer tell the difference between Daniel, Dean and Damien; nor do you know or care whether Pax is male, female, or unisex. It’s easy to start getting cranky at this point, and this is when arguments are most likely to happen. So just stop for a while. Put the books away and concentrate on other things.

9: Be prepared to compromise

If you can’t reach agreement easily, you may need to compromise. There are so many ways to do this that it could it be an article all on its own. Maybe one picks the first name, and the other the second name. Maybe you combine your two favourite names into a third name. Maybe mum picks the name of the first child, and dad picks the second. The important thing is that it really is a compromise, and not just one person agreeing with the other because they’re worn out. Make sure you’re clear about what you definitely want before you begin compromising.

10: If all else fails

If you are absolutely deadlocked and neither of you will agree to compromise … well that doesn’t bode well for the rest of your relationship, does it? But as far as baby names go, there is a solution to your dilemma. According to the law, if a couple are unable to agree on a name for their baby, the Registrar-General will choose the name for them so that the baby can be registered. So there you go – worst case scenario, the Registrar-General will select a name if neither of you clowns can manage it. More good news: I asked at a birth registry to explain how a Registrar-General might go about choosing a baby name for someone, and I was told that they didn’t know of a case where it had ever happened. So all the other parents must have managed to find a name for their baby in time, and that means chances are, you will too.

Acknowledgements: Thank you to Sandra Salcedo from the ACT Government Office of Regulatory Services for her help in sending me the relevant legal information.

You Can’t Call It That: What the Law Says About Naming Your Baby

20 Sunday Feb 2011

Posted by in Naming Issues

≈ 35 Comments

Tags

, , ,

Every once in a while you meet someone with a name where you think, “Surely that name shouldn’t have been allowed.” And quite often the newspapers will publish names that have been denied by the registrar that seem relatively inoffensive. Recently, I wondered what exactly the law says on what names you can and cannot name your baby.

As the nation’s capital and the place where most laws are passed, I decided to start in Canberra at the Australian Capital Territory Registrar-General’s Office’s website. By clicking on a likely link, it took me to the Office of Regulatory Services in the Department of Justice and Community Safety, which handles the registration of births, deaths and marriages as well as other important things, such as parking and rental bonds.

I rang the number on the Contact page, in the naïve hope that the laws on baby names might be printed out for public use – perhaps in a little pamphlet called Beware Parents: Names Forbidden by the Government, or more playfully, Naughty, Naughty Names You Needn’t Think of Using. In my hopeful imagination, this little pamphlet could then be posted to me at the taxpayer’s expense.

No such luck. First there was an amusing problem getting hold of them as my phone system automatically cuts me off if I’m left on hold for more than 40 seconds, and then once I managed to speak to someone, they very kindly pointed me to the website which has all the legislation on it for me to look it up for myself.

Now I must say that the laws are written in a very simple, clear, comprehensible way that anyone of average intelligence with a high school education should be able to follow. The trouble is, I am obviously a moron because I could NOT find the section where it tells you which names are prohibited.

I rang the Births, Deaths and Marriages Office again, and an extremely helpful lady talked me through it and then patiently directed me to the exact part of the legislation where a prohibited name is defined. Amazingly, it was exactly where I had been told it would be. I still don’t understand why it has to be at the end in a glossary – why can’t it have its own heading in the law?

As I read through the list of six things you can’t call your baby, I couldn’t help but be struck by part e) or is, in the registrar-general’s opinion, undesirable. It seemed awfully, well, subjective.

“But doesn’t that mean the registrar-general could ban any name? I mean, what if he didn’t like the name Mary because all the people he knew called Mary were horrible?” I asked my patient helper.

However, it turned out that although a register-general COULD do that, they probably wouldn’t, as they have to back it up with some pretty substantial evidence in the court of appeal. I presume if a registrar-general kept losing cases in the court of appeal it wouldn’t look very good, so they use their apparently limitless powers in a judicious manner.

I asked hopefully if all the states had the same naming laws, but to my disappointment was told that, no, they tended to differ slightly, and I’d have to look up each state and territory one by one. I said goodbye to the Births, Deaths and Marriages staff member, no doubt to her immense relief.

And so it was off to New South Wales Births, Deaths and Marriages, where I discovered that my phone system also cuts me off if I’m left talking to an automated phone message for more than 40 seconds.

Eventually I was put through to a charming girl called, I believe, Mikayla. Mikayla also helped me navigate the complexities of the NSW legislation page, and when the necessary Act refused to appear when I hit “search” gave me the obvious advice, which was to Google it. Of course! Why hadn’t I though of that? Because I’m a dullard who needs everything explained patiently and slowly, it would seem. Even when I Googled, and got to the right document, I could NOT find the place where it defines a prohibited name. Mikayla found it for me, and I still have no idea how she did it. Clearly our tax dollars are being well spent.

The NSW only had four things you couldn’t call your baby; two less than the ACT. But once again (d) is contrary to the public interest for some other reason seemed almost wilfully vague. Asking Mikayla for some more guidance on this issue, I asked her what kinds of names might be banned under point d). “For example, what if you wanted to call your baby … um, Watermelon?” I asked, plucking a hypothetical name out of the air.

In Mikayla’s opinion, Watermelon could very well end up being reviewed. “That’s a pretty degrading name to give a child,” she said disapprovingly. This surprised me – Watermelon didn’t seem that crazy; since Gwyneth Paltrow called her daughter Apple, I figured that fruit names are now acceptable. Maybe not. Personally I thought that Watermelon’s parents might have a case if it went to appeal, but Mikayla was quick to add that she wasn’t a lawyer (and therefore her personal opinions should not be taken as legal statements). Feeling immensely pleased that we live in a society where government workers are free to give their personal opinions, I said farewell to anti-Watermelon Mikayla.

And next time you talk to a government employee on the phone and they’re a wee bit tetchy with you – remember that they may have just spent the last half hour talking to an idiotic nuisance like me.

Rather than frazzle any more of them, I just went to each state and territory’s legislation website, since I knew what I was looking for now. Each state and territory had the same basic standards, but some did seem to be slightly stricter – the ACT and Queensland appeared to have the most amount of rules on what names must be avoided. And here they are:

ALL STATES

* Names which are an obscene or offensive word

* Names which are impractical to use because they are too long (I don’t know what defines “too long”, but I presume it means it doesn’t fit into the number of boxes on government forms)

* Names which are impractical to use because they contain characters with no phonetic significance eg J @ yne, Jasm!ne, J00lia, J*nn*f*r or Je$$ica

* Names which are impractical to use for some other reason (in NSW, a blank space, a Medicare number and the number 7 have all been denied; in one case the name X was knocked back, but A and B have been allowed in WA)

* Names which include or resemble an official rank or title eg Lord, Lady, Princess, Queen, Sir, Doctor (However, a NSW couple successfully won the right to call their son Duke in 2009, so in some cases these might win on appeal)

* Names which are contrary to the public interest for some other reason

The last one leaves a margin for interpretation. In NSW, the names Jesus Christ and Ned Kelly have been rejected as inappropriate, yet the names God Bless and Fully Hektic Sik have been deemed officially acceptable (God Bless? Really? I mean the child’s first name is actually God ….) In New Zealand, parents have been unsuccessful in their attempts to call their children Adolf Hitler and Satan. No word on whether it’s happened here, but WA registrar Alan Andersson has said that Adolf Hitler and Satan would definitely be on the naughty list here as well. I’m now thinking Watermelon would almost certainly get through. Surely it’s better than Fully Hektik Sik.

QUEENSLAND

The first and middle names cannot form a sentence or a statement. The examples that the legislation gives are Save Mother Earth or Down With Capitalism, but would also cover Chocolate Is Yummy and that other New Zealand reject, Tallulah Does The Hula In Hawaii. However, these names could be banned in other states under the vague reason of “contrary to the public interest”.

ACT

* The name cannot sound similar to the name of a body or organisation. So no Redd Kross or Salvation-Armi, I presume.

* The part about “contrary to the public interest” is replaced with “in the registrar-general’s opinion, undesirable”. I don’t know whether this makes any difference, nor do I know whether this means the ACT is more conservative or more liberal in its views.

There you have it – that’s what the law says about choosing a name for your child. By the way, if you are thinking to yourself, “But my great-grandmother’s name was Princess,” or “My neighbour’s parents were hippies, and his name is Dolphins Are People Too,” the legislation was only introduced in the 1990s.

So if you’re worried that the name you’ve chosen may be “too weird” – relax. Because if it gets through the birth registration process, and they rubber stamp it, it’s officially not too weird.

And when you meet a child or teenager and you think the name their parents chose is “too weird” – remember that their name has already been scrutinised under the law, and if they were allowed to register it, then by the standards of our nation, their name has already been judged to be “not too weird”. Yes, even A, B, God and Fully Hektic Sik.

Acknowledgements: Thank you to the Registries of Births, Deaths and Marriages in the ACT and NSW for their valuable assistance. Information on names which have been rejected and accepted in certain states comes from articles in The Sunday Telegraph and Perth Now. The couple who successfully appealed to call their son Duke were featured on Channel 7’s “Today Tonight”.