The Adoption of K (No 2) [2019] NSWSC 606

The Adoption of K (No 2) [2019] NSWSC 606

The Court has power under UCPR r 36.16 to vary an adoption order to include the adopting mother's maiden name in the particulars, as this is incidental to the relief and necessary to comply with regulatory requirements for registration.

Parties
First Plaintiff: S; Second Plaintiff: N
Jurisdiction
Australia
Judgment Date
21 May 2019
Procedural Posture
Family Law – Adoption / Application to Vary Adoption Order
Outcome
Adoption order varied as sought
Legal Topics
Adoption, Amendment of Particulars in Adoption Order, Mother's Maiden Name in Adoption Order
Family Law Adoption Amendment of Particulars in Adoption Order Mother's Maiden Name in Adoption Order

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Parties

S

First Plaintiff

N

Second Plaintiff

Procedural Posture

Family Law – Adoption / Application to Vary Adoption Order

Legal Issues

  1. 1 Whether the particulars in an adoption order may be amended to insert the adopting mother's maiden name
  2. 2 Power of the Court to vary adoption orders under Uniform Civil Procedure Rules 2005 (NSW), r 36.16

Ratio Decidendi

The Court has power under UCPR r 36.16 to vary an adoption order to include the adopting mother's maiden name in the particulars, as this is incidental to the relief and necessary to comply with regulatory requirements for registration.

Court Disposition

Adoption order varied as sought

Orders

  • The adoption order made by the Court dated 10 April 2019 and issued on 1 May 2019 be varied so as to add to the particulars of the adopting parent, S, the words '(formerly [maiden name])' after her surname.