Application of "PM" and "CM" - Child: "YC" [2004] NSWSC 461

New South Wales Supreme Court

CITATION : Application of "PM" and "CM" - Child: "YC" [2004] NSWSC 461 HEARING DATE(S) : In chambers JUDGMENT DATE : 27 May 2004 JURISDICTION: Equity JUDGMENT OF : Austin J DECISION : Change of name approved

CATCHWORDS : FAMILY LAW - overseas adoption - change of name of infant child - relevant considerations LEGISLATION CITED : Adoption Act 2000 (NSW), s 101 CASES CITED : Application of MJR (2003) 31 FamLR 50 Application of "M" and "S" [2004] NSWSC 203 PARTIES : PM and CM (Applicants) Child: YC FILE NUMBER(S) : SC 80052/04 COUNSEL : Nil SOLICITORS : Applicants in person Department of Community Services

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION ADOPTIONS LIST

AUSTIN J

THURSDAY 27 MAY 2004

80052/04 APPLICATION OF "PM" AND "CM" – CHILD: "YC" JUDGMENT (IN CHAMBERS) 1 HIS HONOUR: This is an application by a married couple to adopt a Taiwanese baby girl, who has been placed with them since April 2003. The little girl was born on 24 November 2002 in Taichung City, Taiwan, and was placed for adoption with the Christian Salvation Service. The adopting parents entered into an adoption agreement and made an application to the Taipei District Court, which made an order granting approval to the adoption of the child. The order of the Taipei Court does not, on its face, appear to be an adoption order, but rather an approval for the adopting parents to make the present adoption application before this Court. 2 The adoption is strongly supported by the social worker who has provided a report to the Court. She says the placement has been very successful and there are no concerns in any area. It is also supported by the affidavit of the delegate of the Director-General, Department of Community Services. The only issue that requires comment is that the adopting parents propose to change the child's name. 3 The child's Taiwanese surname is "Ch" and her given name is "Y-L". The adopting parents seek an order for the Court to approve the child having an Anglo-Celtic first forename, "C-L", while her second forename would be her Taiwanese given name "Y-L". Her Taiwanese surname would be replaced by the adopting parents' surname, "M". In the result, she would have Anglo-Celtic first and last names, and a Taiwanese middle name. 4 The adoption application is made under the Adoption Act, 2000 (NSW). Section 101(1)(b) gives the Court a discretion to approve the surname and given names of an adopted child who is less than 18 years of age, in the adoption order, on the application of the adopting parents. In the present case the child is not old enough to express any wishes as to her name, but as she is more than one year old, subsection (5) is relevant. It says: "The Court must not approve a change in the given name or names of a child who is more than one year old … unless there are special reasons, relating to the best interests of the child, to do so." 5 The Act contains some other provisions relevant to a change of name. Section 7 states the objects of the Act. They include to emphasise that the best interests of the child are to be the paramount consideration and that adoption is to be a service to the child, to ensure that adoption law and practice assists the child to know and have access to her birth family and cultural heritage, and that adoption law and practice complies with Australia's obligations under treaties and other international agreements. Australia has an obligation under the United Nations Convention on the Rights of the Child, article 8.1, to "respect the right of the child to preserve his or her identify, including nationality, name and family relations". 6 Section 8(1) requires the Court, in making an adoption decision, to have regard (as far as practicable or appropriate) to principles which include the following: