Application of "M" and "S"

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CITATION: Application of "M" and "S" [2004] NSWSC 203
HEARING DATE(S): Application in Chambers
JUDGMENT DATE:
22 March 2004
JURISDICTION:
Equity
Adoptions List
JUDGMENT OF: Campbell J
DECISION: Name changes approved
CATCHWORDS: FAMILY LAW - adoption - name of child - change to name of child - whether adoption under Adoption of Children Act 1965 or Adoption Act 2000 - whether alteration of child's first forename in his best interests - whether addition of new third forename connected with adoptive family is in his best interests
LEGISLATION CITED: Adoption Act 2000
Adoption of Children Act 1965
CASES CITED: Application of MJR & MJR - Child: KHB [2003] NSWSC 937

PARTIES :

"M" and "S" - Applicants
Department of Community Services
FILE NUMBER(S): SC 80125/03
COUNSEL: Unrepresented - Applicants
Department of Community Services
SOLICITORS: In person - Applicants
Department of Community Services

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

CAMPBELL J

22 MARCH 2004

80125/03 APPLICATION OF “M” AND “S”

JUDGMENT

1 HIS HONOUR: This is an application by a married couple to adopt a young boy. The merits of the application are strongly in favour of an adoption order being made, and need not be referred to in these reasons. The only aspect of the application which calls for the giving of reasons is that the prospective adopting parents seek certain orders concerning a change of the name of the child.

2 The child in question was born in Korea on 2 April 2002, to a mother who was aged 21 at the time of the child’s birth. She had no family support, and did not believe she could raise the child as a single parent. Hence, she surrendered the child for adoption very soon after his birth.

3 The surrender was to a Korean organisation, Eastern Social Welfare Society, Inc, which is an agency approved by the Korean government to conduct intercountry adoption.

4 After being placed in the care of that Society, the child was looked after by foster parents. During the time he was in the care of the Society, he was known by the surname of his birth mother, and by two Korean forenames, the first consisting of two syllables, and second of one syllable. It is likely that his forenames were chosen by either the foster parents, or someone connected with the Society.

5 In May 2002 the New South Wales Department of Community Services (“DOCS”) discussed with “M” and “S”, the applicants in the present case, a proposal to adopt this child. Those discussions led to “M” and “S” travelling to Korea, where they met the child on 5 August 2002. The child was placed in the care of “M” and “S” on 9 August 2002 in Korea, at a time when he was aged four months. They all left for Australia the next day, arriving on 11 August 2002.

6 From the outset, “M” and “S” decided that they wished to make certain changes to the child’s…

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Details
Case
[2004] NSWSC 203
Decision Date

CaseChat Overview and Summary

"M" and "S" applied to the court to change the name of their adopted child. The application involved determining the applicable legislation and whether the proposed changes to the child's name were in his best interests. The court had to decide whether the adoption was governed by the Adoption of Children Act 1965 or the Adoption Act 2000 and whether the proposed alterations to the child's name would serve his best interests. Specifically, the court examined whether changing the child's first forename and adding a new third forename connected to the adoptive family would be beneficial to the child.

The court considered the child's best interests as the paramount concern in making its decision. It noted that the adoption was final and conclusive under the Adoption Act 2000. The court found that the proposed changes to the child's name would indeed be in his best interests. The alteration of the first forename was considered to be in the child's best interests as it would better reflect his identity within the adoptive family. Additionally, the addition of a new third forename, which was connected to the adoptive family, was also deemed to be in the child's best interests, as it would strengthen his ties to his adoptive family.

The court granted the application, allowing the child's name to be changed as proposed by the applicants. The decision was based on the understanding that the proposed changes would serve the child's best interests by reflecting his identity within the adoptive family and strengthening his ties to the family. The court's ruling provided clarity on the applicable legislation and the factors to be considered when determining the best interests of a child in such circumstances.

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