Application of O and P [2005] NSWSC 1297

Application of O and P [2005] NSWSC 1297

There are special reasons related to the best interests of the child for approving the change of the child's given name due to continuity, family and cultural identity, length of use, and the applicants' efforts to maintain cultural ties; neither the Adoption Act nor international law prohibits such a change.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 December 2005
Procedural Posture
Adoption Application / Final Judgment
Outcome
application for change of name approved
Legal Topics
['adoption' 'change of Name of Child' 'interpretation of S 101 Adoption Act 2000' 'application of Uncroc' 'discretionary Powers of the Court in Adoption Orders']
['family Law' 'child Welfare' 'international Law'] ['adoption' 'change of Name of Child' 'interpretation of S 101 Adoption Act 2000' 'application of Uncroc' 'discretionary Powers of the Court in Adoption Orders']

Source-derived case record

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Procedural Posture

Adoption Application / Final Judgment

Legal Issues

  1. 1 ['whether Adoption Act 2000 prevents intending adoptive parents from calling child placed with them for adoption by a name other than his given name' 'construction of section 101 Adoption Act 2000' "meaning of 'special reasons' under s 101(5)" 'effect of Article 8 United Nations Convention on the Rights of the Child (UNCROC) in Australian law' "whether changing a child's name upon adoption contravenes Article 8 UNCROC"]

Ratio Decidendi

There are special reasons related to the best interests of the child for approving the change of the child's given name due to continuity, family and cultural identity, length of use, and the applicants' efforts to maintain cultural ties; neither the Adoption Act nor international law prohibits such a change.

Court Disposition

application for change of name approved

Orders

  • ["approval of change of child's given name as sought by applicants" 'certified copy of orders released to Department for transmission to Eastern Social Welfare Society Inc.']