Re S and The Adoption Act 2000 [2005] NSWSC 393

Re S and The Adoption Act 2000 [2005] NSWSC 393

No evidence was tendered that the child had accepted a particular given name as part of his identity, so the court followed Re H in adopting the given name proposed by the applicants. Orders dispensing with the natural parents' consent and notice were not contentious. Orders concerning the Korean former guardian were unnecessary because, by operation of the Immigration (Guardianship of Children) Act 1946 (Cth), s 6, the Minister became the child's guardian upon arrival in Australia to the exclusion of any former guardian, and the Minister's delegate had consented to the adoption order.

Jurisdiction
Australia
Judgment Date
27 April 2005
Procedural Posture
Adoption Application / Judgment in Chambers on Papers
Outcome
Dispense orders unnecessary with respect to the former guardian.
Legal Topics
['adoption of Orphan Child Born in Korea' 'dispensing With Parental Consent and Notice' "change of Child's Name on Adoption" 'guardianship of Non Citizen Child Entering Australia']
['family Law and Child Welfare' 'adoption' 'immigration Guardianship'] ['adoption of Orphan Child Born in Korea' 'dispensing With Parental Consent and Notice' "change of Child's Name on Adoption" 'guardianship of Non Citizen Child Entering Australia']

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Procedural Posture

Adoption Application / Judgment in Chambers on Papers

Legal Issues

  1. 1 ["Whether the child should have the applicants' surname and a combined given name under the Adoption Act 2000, s 101(1)(b)." "Whether orders should be made dispensing with the consent of the child's natural parents and notice of the application to them." 'Whether orders were necessary dispensing with the consent of, and notice to, the Korean former guardian, Do Young Kim.']

Ratio Decidendi

No evidence was tendered that the child had accepted a particular given name as part of his identity, so the court followed Re H in adopting the given name proposed by the applicants. Orders dispensing with the natural parents' consent and notice were not contentious. Orders concerning the Korean former guardian were unnecessary because, by operation of the Immigration (Guardianship of Children) Act 1946 (Cth), s 6, the Minister became the child's guardian upon arrival in Australia to the exclusion of any former guardian, and the Minister's delegate had consented to the adoption order.

Court Disposition

Dispense orders unnecessary with respect to the former guardian.

Orders

  • ["Orders dispensing with the consent of the child's natural parents and dispensing with the giving of notice of the application to them are to be made." 'No orders are to be made with respect to the former guardian, Dr Do Young Kim.']