Application of O and P

In this matter, the applicants, O and P, sought a declaration that they could call their adopted child by a name other than the child's given name. The dispute was heard in the Family Court of Australia. The applicants, prospective adoptive parents, wished to give the child a different name from the one they were born with, and questioned whether this was permissible under the relevant legislation. The legal issues the court was required to decide included whether the Adoption Act 2000 precluded the applicants from naming the child other than by their given name and, if not, what the meaning of "special reasons" was in this context. The court also needed to determine whether the United Nations Convention on the Rights of the Child (UNCROC) applied to the matter, and if so, whether changing a child's name upon adoption contravened Article 8 of the Convention.

The court examined the language of the Adoption Act and concluded that there was no prohibition on the applicants naming the child other than by their given name, provided there were "special reasons" to do so. The court found no ambiguity in the use of the phrase "special reasons" and declined to resort to extrinsic aids for its construction. In considering the meaning of Article 8 of the UNCROC, the court held that it did not prohibit changing a child's name upon adoption, and that "special reasons" could include the fact that the applicants had been calling the child by a name other than their given name. The court also considered the principles for the construction of treaties and found that the travaux préparatoires could be used to assist in the interpretation of the Convention.

Ultimately, the court found that the applicants could call the child by a name other than their given name, provided that they could demonstrate "special reasons" for doing so. The court held that the fact that the applicants had been calling the child by a different name was a relevant consideration in determining whether there were "special reasons" for changing the child's name. The court did not find it necessary to make a declaration on the matter, as the applicants had not sought one. No further orders were made.