Director-General, Department of Community Services v The Adoptive Parents [2005] NSWCA 385
The addition of a first name to the child's given names constitutes a change under s 101(5) of the Adoption Act 2000. Special reasons related to the best interests of the child were present, including the child's established use of the additional name and familial consistency with other adopted siblings. The adoption order should stand.
- Jurisdiction
- Australia
- Judgment Date
- 14 November 2005
- Procedural Posture
- Appeal / Leave to Appeal and Appeal Decision
- Outcome
- Leave to appeal granted; appeal dismissed with costs.
- Legal Topics
- ['adoption' "change of Child's Name" 'given Names' 'special Reasons Related to Interests of Child']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Leave to Appeal and Appeal Decision
Legal Issues
- 1 ["Meaning of 'given name' under s 101(5) Adoption Act 2000" 'Whether addition of a name constitutes a change in given names' 'At what time given names are to be ascertained' 'Whether special reasons related to interests of child warrant name change']
Ratio Decidendi
The addition of a first name to the child's given names constitutes a change under s 101(5) of the Adoption Act 2000. Special reasons related to the best interests of the child were present, including the child's established use of the additional name and familial consistency with other adopted siblings. The adoption order should stand.
Court Disposition
Leave to appeal granted; appeal dismissed with costs.
Orders
- ['Adoption order made by Young CJ in Eq stands.' 'Director-General to pay costs of the adoptive parents.']
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