Application of "PM" and "CM" - Child: "YC" [2004] NSWSC 461
Special reasons relating to the best interests of the child exist to approve the giving of an Anglo-Celtic first name, the child's original given name as a middle name, and the adoptive parents' surname, in light of family and social continuity, early and consistent use of the proposed name, and the parents' demonstrated commitment to preserving the child's language and culture.
- Parties
- Applicant: PM; Applicant: CM; Child: YC
- Jurisdiction
- Australia
- Judgment Date
- 27 May 2004
- Procedural Posture
- Application for Adoption and Change of Name / Judgment in Chambers
- Outcome
- Change of name approved
- Legal Topics
- Overseas Adoption, Change of Name of Infant Child, Relevant Considerations for Adoption
Case Brief
Summary, issues, holding and outcome
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Parties
PM
Applicant
CM
Applicant
YC
Child
Procedural Posture
Application for Adoption and Change of Name / Judgment in Chambers
Legal Issues
- 1 Whether the Court should approve the change of given name for a child over one year old adopted from overseas
- 2 What considerations apply under s 101(5) Adoption Act 2000 (NSW) for changing an adopted child's name
Ratio Decidendi
Special reasons relating to the best interests of the child exist to approve the giving of an Anglo-Celtic first name, the child's original given name as a middle name, and the adoptive parents' surname, in light of family and social continuity, early and consistent use of the proposed name, and the parents' demonstrated commitment to preserving the child's language and culture.
Court Disposition
Change of name approved
Orders
- The child’s name is approved in the form sought by the adopting parents
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