Aromdee & Anor and Balak and Anor

In the matter of Aromdee & Anor and Balak and Anor, Hogan J of the Family Court of Australia considered an application for leave to commence adoption proceedings concerning a child born in 2008. The dispute involved the applicants seeking to adopt the child, and the court's decision addressed the necessary steps to facilitate this process, including a change of the child's name.

The primary legal issues before the court were whether to grant leave to the applicants to commence adoption proceedings under section 60G of the *Family Law Act 1975* (Cth), and how to ensure the child's name could be changed to effectuate the adoption, particularly in light of potential non-compliance by the biological father. The court also considered its power under section 106A of the Act to appoint a Registrar to execute documents on behalf of a party.

Hogan J granted leave to the applicants to commence adoption proceedings. The court ordered that within 30 days, the parties were to take all necessary steps and sign all required documents for the child's name to be changed by the Registry of Births, Deaths and Marriages. To facilitate this, the mother was directed to provide the biological father with a change of name application form within seven days. The biological father was then required to sign and return the form and all necessary documentation to the mother. The mother was to bear the cost of the application fee. In the event the biological father failed to comply within 14 days of receiving the documents, a Registrar of the Family Court of Australia at Brisbane was appointed to sign the application form and undertake all actions necessary to ensure its valid execution on behalf of the father.