Application of DWC and MJC - Children SAF and SMF [2005] NSWSC 1322

New South Wales Supreme Court

CITATION : Application of DWC and MJC - Children SAF and SMF [2005] NSWSC 1322

HEARING DATE(S) : Application in Chambers

JUDGMENT DATE : 14 December 2005

Equity Division JURISDICTION : Adoptions List

JUDGMENT OF : Barrett J

DECISION : Orders sought in summons in respect of both children made

CATCHWORDS : ADOPTION - change of given names - where existing separate names to be hyphenated - hyphen needed to facilitate entry on databases - special reasons shown

LEGISLATION CITED : Adoption Act 2000, s.101

DWC and MJC - Applicants PARTIES : SAF and SMF - Children

FILE NUMBER(S) : SC 80147/05

COUNSEL : Applicants not represented

SOLICITORS : Applicants in person

LOWER COURT JURISDICTION :

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

BARRETT J

WEDNESDAY, 14 DECEMBER 2005

80147/05 THE APPLICATION OF DWC AND MJC - CHILDREN SAF and SMF JUDGMENT 1 I have before me an application for the making of adoption orders under the Adoption Act 2000. Two children are involved. The merits of each case are clear. Adoption orders plainly should be made. 2 It is, however, necessary to say something about the part of each proposed order that relates to the name of the child. 3 Under s.101(1) of the Act, an adopted child is to have as his or her surname and given names such names as the court, in the adoption order, approves on the application of the adoptive parent or parents. Under s.101(5), the court must not, in a case such as the present (involving a child who is more than one year old or a non citizen child), approve a change in the given name or names of the child "unless there are special reasons, related to the best interests of the child, to do so". 4 The children with whom I am here concerned are twin sisters, two years old. They were born in the Philippines. According to particulars of registration under Philippines law, they both have the same first given name (beginning with "S"). One has a second given name beginning with "A". The other has a second given name beginning with "M". 5 The order the court is asked to make entails, in each case, a hyphenated given name consisting of the two existing names with a hyphen between them – that is, "S-A" in one case and "S-M" in the other. 6 It may be that the addition of the hyphen involves a "change" in the given names within the meaning of s.101(5). If it does, I am satisfied as to the existence of special reasons for the change, being reasons related to the best interests of each child. The special reasons emerge from the joint affidavit of the adoptive parents: "… when registering the girls for Centrelink, doctor's surgery and medical fund, it was found that their names could not be put into the relevant computer bases with a space between their two first Christian names without a hyphen. Because of the confusion it causes, we feel that by having the hyphen would save some hassles anytime that the girls' names have to be entered into computers in the future." 7 The Director-General of the Department of Community Services makes no submission on the matter of names. 8 I am satisfied that the circumstances related to ease of recording of the children's names on databases relevant to their welfare represent "special reasons" for the purposes of s.101(5). 9 I make the orders sought in the summons in respect of both children. **********