Applying for a cultural recognition order - English

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What is a cultural recognition order?

A cultural recognition order permanently transfers the legal parental rights and responsibilities for a child or adult from the birth parents to their cultural parents.

Who is it for?

Any Torres Strait Islander adult who was gifted as a child, or birth parent or cultural parent, who is a part of the Ailan Kastom child rearing practice can apply for a cultural recognition order.

Application requirements

• Both birth and cultural parents must agree before applying.
• At least one cultural parent and one birth parent must be of Torres Strait Islander heritage.

For children

• The child’s birth must be registered in Queensland.
• Applications can be made 30 days after birth.

For adults

• Adults who want their cultural parents to be legally recognised as their parents can apply.

Why should I apply for a cultural recognition order?

Without a cultural recognition order, cultural parents have no legal relationship with the child. This can create barriers in various aspects of life.

Barriers for children

• The cultural surname not being on the birth certificate
• Troubles with school enrolment
• Difficulties getting a driver licence, passport, Photo ID card, Medicare, Centrelink
• Securing employment in areas like the Defence Force

Barriers for adults

• Setting up bank accounts and superannuation
• Buying property
• Accessing some medical and health services
• Claiming or disputing inheritance or property once a parent passes away

What does the application process involve?

First meeting

Speak to the Office of the Commissioner Meriba Omasker Kaziw Kazipa. The nature of your cultural gifting is private and confidential. The commissioner will guide you through the process.

Types of applications:

• Application for a child
• Application for an adult

Support and advice:

• The Office of the Commissioner provides information and culturally appropriate support.
• Referrals for optional legal advice and community-based counselling services are available.
• Get independent legal advice. Legal Aid Queensland can help.
• The process can take a while. Be patient.

Outcome:

If approved, the commissioner writes to everyone involved, giving reasons for the decision and issuing the cultural recognition order.

The Registrar of Births, Deaths and Marriages transfers the parentage from the birth parents to the cultural parents.

You will then receive a new birth certificate.

Before you apply for a cultural recognition order, you are encouraged to get independent legal advice from Legal Aid Queensland due to the permanent nature of this process and its potential effects on your life and your family’s life.

Last updated 28 February 2025