Re H and the Adoption Act [2004] NSWSC 1242

Reported Decision : 62 NSWLR 245

New South Wales Supreme Court

CITATION : Re H and the Adoption Act [2004] NSWSC 1242 HEARING DATE(S) : 14/12/04 JUDGMENT DATE : 14 December 2004

JURISDICTION: Equity Division Adoptions List JUDGMENT OF : Young CJ in Eq DECISION : Adoption order made as requested.

CATCHWORDS : FAMILY LAW [138]- Adoption- Name of Adoptee- Non-citizen child- What is his given name- Whether name may be changed- Adoption Act 2000, s 101(5). WORDS & PHRASES-"Given Name". LEGISLATION CITED : Adoption Act 2000, s 101(5) R v Clark (1818) Russ & Ry 358; 168 ER 844 CASES CITED : Re M & S [2004] NSWSC 203 Wyatt v Henry (1817) Hag Con 215; 161 ER 720 PARTIES : Applicants: In Person Respondent: Department of Community Services FILE NUMBER(S) : SC 80165/04 COUNSEL : Heard in Chambers on the Papers. SOLICITORS :

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

YOUNG CJ in EQ

Tuesday 14 December 2004

80165/04 – RE: H AND THE ADOPTION ACT JUDGMENT 1 HIS HONOUR: This is a routine application for adoption by an Australian couple of an orphan born in Korea. 2 All the necessary matters to grant the application have been established and, with one exception, the orders sought by the applicants are supported by the Director-General of DOCS. 3 The issue in contention is proposed order 2 that the adopted child be given the name "Harrison" as a first name with his Korean forenames as middle names. 4 Today, I duly made the order as asked by the applicants. However, as part of the order was opposed, I should give my reasons for so doing. 5 The problem is caused by s 101(5) of the Adoption Act 2000. That section provides, so far as is relevant, as follows: "(1) On the making of an adoption order … an adopted child who is less than 18 years of age is to have as his or her surname and given name or names such name or names as the Court, in the adoption order, approves on the application of the adoptive parent or parents.