Application of L - re H [2006] NSWSC 801

Application of L - re H [2006] NSWSC 801

The applicants established special reasons for changing H's first given name because the change would support her identification with her adoptive family and the Christian community in which the family moved, and avoid her feeling different from her adopted brother and family. Retaining her Korean forename as a middle name, together with the applicants' steps to familiarise her with her birth heritage, sufficiently protected her connection with her birth culture.

Jurisdiction
Australia
Judgment Date
10 August 2006
Procedural Posture
Application for Adoption and Ancillary Application for Change of Given Name / Application in Chambers
Outcome
Change in first given name approved; adoption orders made.
Legal Topics
['change of Name' 'special Reasons for Change of First Given Name' 'best Interests of the Child']
['adoptions'] ['change of Name' 'special Reasons for Change of First Given Name' 'best Interests of the Child']

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Procedural Posture

Application for Adoption and Ancillary Application for Change of Given Name / Application in Chambers

Legal Issues

  1. 1 ["Whether special reasons were shown under s.101(5) Adoption Act 2000 (NSW) for changing the child's first given name." "Whether the child should be given a name identifying her as part of the adoptive family's Christian background and cultural community while retaining her Korean forename as a middle name."]

Ratio Decidendi

The applicants established special reasons for changing H's first given name because the change would support her identification with her adoptive family and the Christian community in which the family moved, and avoid her feeling different from her adopted brother and family. Retaining her Korean forename as a middle name, together with the applicants' steps to familiarise her with her birth heritage, sufficiently protected her connection with her birth culture.

Court Disposition

Change in first given name approved; adoption orders made.

Orders

  • ['Change in first given name approved' 'Adoption orders made in the terms sought']