Application of JMB and EAB - Child KTH [2006] NSWSC 1357

Application of JMB and EAB - Child KTH [2006] NSWSC 1357

The adoption order should be made, and the proposed change of given names approved, because the adopting parents established special reasons related to the child's best interests: within this particular family situation, the added forename would maintain the same naming pattern as the child's two older adopted Korean siblings and avoid setting him apart from them, and the child had also been baptised by the names sought.

Jurisdiction
Australia
Judgment Date
06 December 2006
Procedural Posture
Application for Adoption Order Under the Adoption Act 2000 / Application in Chambers
Outcome
Adoption order made. Change of given names approved.
Legal Topics
['adoption Order' 'change of Given Names' 'non Citizen Child' 'best Interests of the Child' 'special Reasons Under S.101(5)']
['adoption Law'] ['adoption Order' 'change of Given Names' 'non Citizen Child' 'best Interests of the Child' 'special Reasons Under S.101(5)']

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Procedural Posture

Application for Adoption Order Under the Adoption Act 2000 / Application in Chambers

Legal Issues

  1. 1 ['Whether an adoption order should be made in respect of the child.' "Whether the court should approve a change in the child's given name or names where the child is more than one year old or a non-citizen child." "Whether special reasons related to the best interests of the child justified adding a further forename before the child's existing Korean names."]

Ratio Decidendi

The adoption order should be made, and the proposed change of given names approved, because the adopting parents established special reasons related to the child's best interests: within this particular family situation, the added forename would maintain the same naming pattern as the child's two older adopted Korean siblings and avoid setting him apart from them, and the child had also been baptised by the names sought.

Court Disposition

Adoption order made. Change of given names approved.

Orders

  • ['Adoption order made.' "The court approved the child's names in the manner sought by the adopting parents."]