Denton & Anor and Sittichai

In the matter of *Denton & Anor and Sittichai*, heard before Thornton J of the Family Court of Australia, the applicants sought leave to commence adoption proceedings for a child, B Sumalee, and to change the child's surname. The respondent, Sittichai, was identified as the child's father.

The primary legal issue before the Court was whether to grant the applicants leave to commence adoption proceedings pursuant to section 60G of the *Family Law Act 1975* (Cth). This section requires that leave be granted before proceedings for the adoption of a child can be commenced, particularly where the child has been the subject of previous family law proceedings. A secondary issue concerned the authorisation of a change of the child's surname.

Thornton J considered the relevant provisions of the *Family Law Act 1975* and the principles governing the welfare of the child in adoption and name change applications. The Court was satisfied that granting leave was in the best interests of the child, facilitating the finalisation of the adoption and providing legal certainty regarding the child's identity and familial relationships.

Consequently, the Court ordered that leave be granted to the applicants to commence adoption proceedings for the child, B Sumalee. The Court further ordered that the child's name be changed from B Sumalee to B Denton, and authorised the applicant mother to apply to the Registrar of Births, Deaths and Marriages Victoria to register this change.