Application of MSC and CJC; re HES [2011] NSWSC 1071

Application of MSC and CJC; re HES [2011] NSWSC 1071

The child's original first name should be preserved as the first forename, with the anglicised name 'L' added as the middle name, out of respect for the child's cultural identity and in accordance with legislative principles. There is insufficient evidence to dispense with the consent of the birth mother; therefore, an adoption order cannot be made at this stage.

Jurisdiction
Australia
Judgment Date
23 August 2011
Procedural Posture
Interlocutory Application / Interlocutory Adoption Order and Name Determination
Outcome
Alteration of first name refused; matter adjourned.
Legal Topics
['adoption' 'inter Country Adoption' "child's Name" 'consent to Adoption']
['family Law' 'child Welfare'] ['adoption' 'inter Country Adoption' "child's Name" 'consent to Adoption']

Case Brief

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Procedural Posture

Interlocutory Application / Interlocutory Adoption Order and Name Determination

Legal Issues

  1. 1 ["Whether to allow alteration of the child's first name upon adoption" 'Whether to approve a consent dispense order for the birth mother']

Ratio Decidendi

The child's original first name should be preserved as the first forename, with the anglicised name 'L' added as the middle name, out of respect for the child's cultural identity and in accordance with legislative principles. There is insufficient evidence to dispense with the consent of the birth mother; therefore, an adoption order cannot be made at this stage.

Court Disposition

Alteration of first name refused; matter adjourned.

Orders

  • ["The child to retain original first name 'H-E' with 'L' as middle name." 'Adoption order cannot be made unless the consent of the birth mother is obtained or dispensed with per statutory requirements.' 'Matter adjourned to 27 October at 9:30 am to allow for evidence of consent or reason for dispensing with consent...