Re H and the Adoption Act [2004] NSWSC 1242

Re H and the Adoption Act [2004] NSWSC 1242

Section 101(5) only applies where it appears that the child's identity includes a particular given name, in the sense that a name has been conferred on the child and the child recognises that name as referring to him or her. There was no evidence that any Korean name had been conferred under the law of the place of birth as the child's official given name, or that the child had accepted any name other than Harrison as part of his identity. Accordingly, s 101(5) did not inhibit the Court from approving the name proposed by the applicants under s 101(1), and the adoption order was made as requested.

Jurisdiction
Australia
Judgment Date
14 December 2004
Procedural Posture
Application for Adoption / Judgment After Hearing in Chambers on the Papers
Outcome
Adoption order made as requested.
Legal Topics
['adoption Order' 'name of Adoptee' 'non Citizen Child' 'given Name' 'adoption Act 2000, S 101(5)']
['family Law' 'adoption'] ['adoption Order' 'name of Adoptee' 'non Citizen Child' 'given Name' 'adoption Act 2000, S 101(5)']

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Procedural Posture

Application for Adoption / Judgment After Hearing in Chambers on the Papers

Legal Issues

  1. 1 ['Whether the Court could approve that the adopted non-citizen child be given the first name "Harrison" with his Korean forenames as middle names.' 'What is meant by "given name" in s 101(5) of the Adoption Act 2000.' "Whether s 101(5) prevented approval of the applicants' proposed name in the absence of special reasons related to the best interests of the child."]

Ratio Decidendi

Section 101(5) only applies where it appears that the child's identity includes a particular given name, in the sense that a name has been conferred on the child and the child recognises that name as referring to him or her. There was no evidence that any Korean name had been conferred under the law of the place of birth as the child's official given name, or that the child had accepted any name other than Harrison as part of his identity. Accordingly, s 101(5) did not inhibit the Court from approving the name proposed by the applicants under s 101(1), and the adoption order was made as requested.

Court Disposition

Adoption order made as requested.

Orders

  • ['Adoption order made as requested.' 'The adopted child was to be given the name "Harrison" as a first name with his Korean forenames as middle names.']