Australian Capital Territory Numbered Acts

ADOPTION AMENDMENT ACT 2009 (NO 2) (NO. 36 OF 2009) - SECT 24

substitute

45     Names of adopted child or young person

    (1)     On the making of an adoption order for a child or young person, the court may change the name of the child or young person, on the application of either of the adoptive parents.

    (2)     In deciding the name of a child or young person, the court must consider—

        (a)     the best interests of the child or young person; and

        (b)     the child's or young person's right to retain his or her name and identity.

    (3)     The court may approve any of the following as a family name for an adopted child or young person:

        (a)     if both adoptive parents are known by the same family name—that name;

        (b)     the maiden name or other family name of the child's or young person's mother;

        (c)     the family name of the child's or young person's father;

        (d)     the family name or former family name of any previous parent of the child or young person;

        (e)     a family name formed by combining the parent's family names or any previous parent's family names.

    (4)     If an adoptive parent is applying for an order to change a child's or young person's given name, the chief executive must provide the court with a written report about—

        (a)     the proposed name change; and

        (b)     any exceptional circumstances; and

        (c)     the best interests of the child or young person.

Note     See s 6 for the matters that must be taken into account by a decision-maker in forming a view about the best interests of a child or young person.

    (5)     In considering an application to change the given name of the adopted child or young person, the court—

        (a)     must consider the report provided under subsection (4); and

        (b)     must retain the child's or young person's given name unless there are exceptional circumstances for changing the name; and

        (c)     may give the child or young person additional given names.

Example—par (b)

An exceptional circumstance would be if the given name is likely to make the child or young person vulnerable to ridicule or teasing in every day life in Australian society.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (6)     The registrar of the court must notify the registrar-general under the Births, Deaths and Marriages Registration Act 1997 if a child's or young person's name is changed under this section.

    (7)     This section does not prevent the changing of any name of an adopted child or young person, after the making of the adoption order, in accordance with the law of the Territory.

Note     The Births, Deaths and Marriages Registration Act 1997 , s 19 allows parents to apply for a change of name of a child.