Application of K, Re [2005] NSWSC 617

Application of K, Re [2005] NSWSC 617

Even if s 101(5) applied, the combination of retaining MSL's given names, preserving his surname as a first given name and link to his birth mother and culture, reflecting the Korean order of names, and the fact that the adopting parents had called him by that name since placement and he had become known by it constituted special reasons related to his best interests justifying approval of the proposed names.

Jurisdiction
Australia
Judgment Date
24 June 2005
Procedural Posture
Adoption Application / In Chambers
Outcome
Application approved
Legal Topics
['change of Name' 'given Names of Adopted Child' 'special Reasons Related to Best Interests of the Child' 'non Citizen Child']
['adoption Law'] ['change of Name' 'given Names of Adopted Child' 'special Reasons Related to Best Interests of the Child' 'non Citizen Child']

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Procedural Posture

Adoption Application / In Chambers

Legal Issues

  1. 1 ["Whether s 101(5) of the Adoption Act 2000 (NSW) applies to the proposed change of the child's given names." 'Whether special reasons related to the best interests of the child exist to approve the proposed given names.']

Ratio Decidendi

Even if s 101(5) applied, the combination of retaining MSL's given names, preserving his surname as a first given name and link to his birth mother and culture, reflecting the Korean order of names, and the fact that the adopting parents had called him by that name since placement and he had become known by it constituted special reasons related to his best interests justifying approval of the proposed names.

Court Disposition

Application approved

Orders

  • ['Application approved']