AFE v Registrar of Births, Deaths and Marriages [2011] NSWADT 201

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AFE v Registrar of Births, Deaths and Marriages [2011] NSWADT 201 Hearing dates: 24 January and 2 May 2011 Decision date: 24 August 2011 Jurisdiction: General Division Before: S Higgins, Deputy President Decision: The decision of the respondent is affirmed. Catchwords: Alteration of details after birth registration - application to include identity of biological father of the applicant on the Register of his birth - whether applicant had standing to make application for alteration - presumptions of parentage Legislation Cited: Administrative Decisions Tribunal Act 1997 Births, Deaths and Marriages Registration Act 1995 Births, Deaths and Marriages Registration Regulations 2006 Registration of Births, Deaths and Marriages Act 1973 (repealed) Status of Children Act 1996 Category: Principal judgment Parties: AFE (Applicant) Registrar of Births, Deaths and Marriages (Respondent) Representation: AFE (Applicant in person) J Lucy, Crown Solicitors Office (Respondent) File Number(s): 103276 Publication restriction: Pursuant to an order of the Tribunal under section 75(2) of the Administrative Decisions Tribunal Act 1997, the disclosure, publication or broadcasting of the names, address or any other material that identifies the applicant or the biological parents of the applicant is prohibited.

REasons for decision

Introduction 1The applicant, AFE, seeks review of a decision by the respondent, the Registrar of Births, Deaths and Marriages, to add the name of his biological father to his original birth certificate. The applicant was born in 1980, in Sydney. His biological mother, a New Zealand citizen, was young and unmarried at the time of the applicant's birth. Shortly after his birth the applicant's biological mother signed a certificate of information for the purpose of registering the applicant's birth and a request that arrangements be made for his adoption. The applicant was subsequently adopted and the respondent issued a new birth certificate for the applicant, which named his adoptive parents as his mother and father. The applicant has in recent years re-established a relationship with his biological mother and her family. He has also made contact, by email, with a person who said in a reply email that he is the applicant's biological father. That person resides in the United Kingdom and is not aware of the applicant's application to have his name added to his original birth certificate. The applicant said he did not wish to raise this with this person, as he did not wish to jeopardise this newly established relationship. 2The applicant's original birth certificate only identifies his biological mother and contains no information about his biological father. The applicant seeks the inclusion of the name of his biological father on his original birth certificate as, for him, it forms an important part of his own identity. The Catholic Care Adoption Services, through whom the applicant's adoption was facilitated, supports the applicant's application. 3However, the respondent determined that the applicant's application to include the name of his biological father in the Register and on his original birth certificate fails to meet the requirements of the Births, Deaths and Marriages Registration Act 1995 . 4The role of the Tribunal is to determine whether the decision of the respondent is the correct and preferred decision having regard to the applicable law and the relevant facts (see section 63 of the Administrative Decisions Tribunal Act 1997). For the reasons set out below I agree with this determination.