Application of H & H, child JW [2011] NSWSC 93

Supreme Court New South Wales

Medium Neutral Citation: Application of H & H, child JW [2011] NSWSC 93 Hearing dates: 25 February 2011 Decision date: 02 March 2011 Jurisdiction: Equity Division - Adoption List Before: Hallen AsJ Decision: Orders as sought in orders proposed by Applicants Catchwords: Adoption - Change of name of child - Whether change of given name in best interests of child - application granted Legislation Cited: Adoption Act 2000 (NSW) Adoption Amendment Act 2008 Adoption of Children Act 1965 Cases Cited: Application of C P and J P, child S [2004] NSWSC 687 Application of MJR and MJR, child KBH [2003] NSWSC 937 Application of "M" and "S" [2004] NSWSC 203 Application of MJR and MJR, child KHB [2003] NSWSC 937; (2003) 31 Fam LR 50 Application of O and P [2005] NSWSC 1297 Application of P and C [2004] NSWSC 436 Application of P M and C M, child Y C [2004] NSWSC 461 Application of RM and ESM, child Y [2004] NSWSC 937 Application of SGR and KMR - child BW [2005] NSWSC 1321 Director-General Department of Community Services v The Adoptive Parents (2005) 64 NSWLR 268 Re YC; Application by PM and CM, child YC [2004] NSWSC 461 Category: Principal judgment Parties: Mr & Mrs H (adoptive parents) JW (adoptive child) File Number(s): A155/2010

Judgment

The Application 1HIS HONOUR: Mr and Mrs H ("the applicants") apply for an order for the adoption of JW, a boy born in Taiwan in August 2008. (In accordance with the requirements of s 180 of the Adoption Act 2000 (NSW), I shall not refer to the persons concerned in these proceedings in a manner which will identify them.) 2The applicants are highly suitable as adoptive parents and JW has formed a strong and close bond with them and with his two older adopted siblings, TA and YY. Importantly, JW has the same birth mother as his older sister, YY. Accordingly, an order for JW's adoption will be made. 3In the affidavit filed by the Delegate, the Director General of the NSW Department of Human Services, Adoption and Permanent Care Services, supports the application for adoption. However, there is opposition to the ancillary application that has been made to change JW's forename, which is Chinese, so that it becomes his middle name, and so that he is given a new forename, "S", which is a name familiar to English speakers. The Director General has no objection to the name "S" as a middle name. 4The further ancillary application for an order dispensing with the consents of JW's natural parents, and also dispensing with the giving of notice of the application to the natural parents are not the subjects of any dispute. Accordingly, these orders, too, will be made. 5At the hearing, it appeared that the applicants had not read the Delegate's affidavit. I permitted them to read it before proceeding. 6No reasons for the making of the adoption order itself are necessary, as the evidence clearly establishes that it would be in the interests of JW to make the adoption order as sought. Similarly, it is not necessary to state the reasons why dispensing with consents and the giving of notice is appropriate. These reasons, therefore, relate only to the matter in contest, namely, the change of JW's name. 7There was no appearance by, or on behalf of, the Director-General at the hearing of the matter. I indicated, at the time, having been provided with further information by the applicants, to which I shall later refer, that I proposed to make the orders sought by them and that I would subsequently publish my reasons.