Application of L - re H [2006] NSWSC 801

New South Wales Supreme Court

CITATION : Application of L - re H [2006] NSWSC 801

HEARING DATE(S) : Application in Chambers

JUDGMENT DATE : 10 August 2006

JURISDICTION : Equity Division Adoption List

JUDGMENT OF : Palmer J

DECISION : Change in first given name approved; adoption orders made.

CATCHWORDS : ADOPTIONS – CHANGE OF NAME – Whether special reasons shown for change of first given name – adopting parents and adopted sibling identify with Christian religion and Christian cultural community – whether child should be given a name which identifies her as part of this background.

LEGISLATION CITED : Adoption Act 2000 (NSW) – s.101(5)

CASES CITED : M and S, Re (2004) 31 Fam LR 415

PARTIES : Applicants - Mr and Mrs L Child – H

FILE NUMBER(S) : SC 20 of 2006

COUNSEL : Nil

SOLICITORS : Nil

1 Mr and Mrs L apply for an order for the adoption of H, a girl born in Korea in March 2004. The applicants are highly suitable as adoptive parents and H has formed a strong bond with them and with her elder adopted sibling, J. The Director General of the Department of Community Services supports the application save that he opposes the ancillary application to change H's forename, which is Korean, so that it becomes her middle name and she is given a new forename, J, which is a name familiar to English speakers. 2 The applicants have filed an affidavit stating their reasons for their requested change in H's forename. However, the Director General says that the affidavit does not demonstrate special reasons, related to the best interests of the child, for the change in H's given names so that, in accordance with s.101(5) Adoption Act 2000 (NSW), the application for change of name must be refused. 3 The Director General says that, in essence, the sole reason given for the requested change of name is that the child has been called J since she came into the care of the applicants. He relies on a decision of Campbell J in Re M and S (2004) 31 Fam LR 415, in which his Honour held that the fact that the adoptive parents had called a child by the desired forename since the child came into their care did not, on its own, constitute "special reasons" , for the purposes of s.101(5). I respectfully agree with his Honour's views. 4 However, in this case the adoptive parents, in their affidavit and in the other material supplied in support of the application, show reasons for the desired name change in addition to the fact that they have always called the child J. 5 The adoptive parents were both born in Malaysia but they are committed and practising Christians who attend church regularly and have strong ties with their church community. They both have forenames which are common to English speakers. Their elder child, who is also Korean by birth and was adopted in 2001, has been given a common English forename, with his Korean name as his middle name. 6 The applicants say that it would cause H to feel that she was not truly part of her family if she alone were to be identified by her Korean name as her first forename. Further, they say that because of their Christian background and social ties, it is important that H feel accepted in that community without differentiation between herself and her brother because of their forenames. 7 In my opinion, the reasons given by the adoptive parents constitute "special reasons" for the purposes of s.101(5) of the Act. It is in the best interests of the child that, as much as possible, she identify herself as part of her family and as part of the community in which that family moves. If her Korean forename were to be retained as her first name, she would be made to feel different every time that name was used in public, for example, at school or in church. In particular, she could feel that there was some difference between herself and her brother in her parents' estimation and in the estimation of her church community because he has a Christian forename and she does not. 8 I am satisfied that H's identification with the culture of her birth will be sufficiently protected by the retention of her Korean forename as her middle name and by the steps which the applicants have taken, and will take, to make her familiar with her birth heritage. 9 For these reasons, I will make the adoption orders in the terms sought. ~ oOo ~