❓ Hon Barbara Scott questions the Minister for Community Development regarding difficulties faced by adoptees and adoptive families due to Section 74 of the Adoption Act 1994, specifically concerning the adoptee's name. The Minister defends the legislation, citing research and the importance of cultural identity, but acknowledges potential special circumstances and a future review.
AnsweredQoN 3240Legislative Council
QuestionView source ↗
Given the difficulties and inequities being experienced by adoptees and their adoptive families under the
Adoption Act 1994
, Part 3, Division 10, Section 74, Name of Adoptee, will the Minister now favourably consider rescinding this section of the Act?
Adoption Act 1994
, Part 3, Division 10, Section 74, Name of Adoptee, will the Minister now favourably consider rescinding this section of the Act?
AnswerView source ↗
Answered
4 April 2006
Responded by
Parliamentary Secretary representing the Minister for Community Development
Response time
21 days
Adoptive parents can help their child to feel valued and to instil in their children a sense of pride in their cultural identity by retaining the child's original birth name. The name is the only thing that the child can bring with them to the new adopted family. The amendment to the legislation in 2003 which required the retention of the name was based on sound research. For this reason the retention of original birth name for Adoption Orders granted by the Family Court of Western Australia will remain. Occasionally there may be special circumstances that the Court will consider for a determination of a request for name change. In these circumstances the applicants are asked to write to the Department to outline their reasons for requesting a name change, so the Department can report to the Court the reasons around applicants' choice of names. These issues can be re-examined in the review of the Adoption Act, which will be completed by July 2007
The amendment to the legislation in 2003 which required the retention of the name was based on sound research. For this reason the retention of original birth name for Adoption Orders granted by the Family Court of Western Australia will remain. Occasionally there may be special circumstances that the Court will consider for a determination of a request for name change. In these circumstances the applicants are asked to write to the Department to outline their reasons for requesting a name change, so the Department can report to the Court the reasons around applicants' choice of names. These issues can be re-examined in the review of the Adoption Act, which will be completed by July 2007
Occasionally there may be special circumstances that the Court will consider for a determination of a request for name change. In these circumstances the applicants are asked to write to the Department to outline their reasons for requesting a name change, so the Department can report to the Court the reasons around applicants' choice of names. These issues can be re-examined in the review of the Adoption Act, which will be completed by July 2007
These issues can be re-examined in the review of the Adoption Act, which will be completed by July 2007
The amendment to the legislation in 2003 which required the retention of the name was based on sound research. For this reason the retention of original birth name for Adoption Orders granted by the Family Court of Western Australia will remain. Occasionally there may be special circumstances that the Court will consider for a determination of a request for name change. In these circumstances the applicants are asked to write to the Department to outline their reasons for requesting a name change, so the Department can report to the Court the reasons around applicants' choice of names. These issues can be re-examined in the review of the Adoption Act, which will be completed by July 2007
Occasionally there may be special circumstances that the Court will consider for a determination of a request for name change. In these circumstances the applicants are asked to write to the Department to outline their reasons for requesting a name change, so the Department can report to the Court the reasons around applicants' choice of names. These issues can be re-examined in the review of the Adoption Act, which will be completed by July 2007
These issues can be re-examined in the review of the Adoption Act, which will be completed by July 2007
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