QLDIn ForceAct
Adoption Act 2009
sec.215Child’s name
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### sec.215 Child’s name
A final adoption order for a child—
must include an order that the child keep the child’s existing first given name as the child’s first given name; and
may include an order that the child keep the child’s existing surname or have the same surname as an adoptive parent; and
in relation to the child’s other given names—may include an order that the child—
keep an existing given name; or
have another given name agreed by the child’s adoptive parents as well as an existing given name; or
have another given name agreed by the child’s adoptive parents instead of an existing given name.
Despite subsection (1) (a) , a final adoption order may include an order that the child have another first given name agreed by the child’s adoptive parents instead of the child’s existing first given name if the court is satisfied there are exceptional circumstances that warrant the making of the order.
a child’s existing first given name is harmful to their wellbeing because the name may be culturally inappropriate
In making an order under this section, the court must—
make the order that will best promote the child’s wellbeing and best interests; and
have regard to the child’s right to preserve the child’s identity; and
consider whether the child is generally known by, or identifies with, any of the child’s existing names.
This section does not prevent a change of the child’s name under another law after the final adoption order is made.
s 215 sub 2016 No. 57 s 43
(sec.215-ssec.1) A final adoption order for a child— must include an order that the child keep the child’s existing first given name as the child’s first given name; and may include an order that the child keep the child’s existing surname or have the same surname as an adoptive parent; and in relation to the child’s other given names—may include an order that the child— keep an existing given name; or have another given name agreed by the child’s adoptive parents as well as an existing given name; or have another given name agreed by the child’s adoptive parents instead of an existing given name.
(sec.215-ssec.2) Despite subsection (1) (a) , a final adoption order may include an order that the child have another first given name agreed by the child’s adoptive parents instead of the child’s existing first given name if the court is satisfied there are exceptional circumstances that warrant the making of the order. a child’s existing first given name is harmful to their wellbeing because the name may be culturally inappropriate
(sec.215-ssec.3) In making an order under this section, the court must— make the order that will best promote the child’s wellbeing and best interests; and have regard to the child’s right to preserve the child’s identity; and consider whether the child is generally known by, or identifies with, any of the child’s existing names.
(sec.215-ssec.4) This section does not prevent a change of the child’s name under another law after the final adoption order is made.
- (a) must include an order that the child keep the child’s existing first given name as the child’s first given name; and
- (b) may include an order that the child keep the child’s existing surname or have the same surname as an adoptive parent; and
- (c) in relation to the child’s other given names—may include an order that the child— (i) keep an existing given name; or (ii) have another given name agreed by the child’s adoptive parents as well as an existing given name; or (iii) have another given name agreed by the child’s adoptive parents instead of an existing given name.
- (i) keep an existing given name; or
- (ii) have another given name agreed by the child’s adoptive parents as well as an existing given name; or
- (iii) have another given name agreed by the child’s adoptive parents instead of an existing given name.
- (i) keep an existing given name; or
- (ii) have another given name agreed by the child’s adoptive parents as well as an existing given name; or
- (iii) have another given name agreed by the child’s adoptive parents instead of an existing given name.
- (a) make the order that will best promote the child’s wellbeing and best interests; and
- (b) have regard to the child’s right to preserve the child’s identity; and
- (c) consider whether the child is generally known by, or identifies with, any of the child’s existing names.