LilMtnCbn
03-12-2004, 06:35 AM
http://news.com.au/common/story_page/0,4057,8951440%5E2682,00.html
Woman told: you can't have father's name
By SEAN FEWSTER
March 13, 2004
CHANTEL Andary feels as if she has no identity. For years, she has fought to
have her biological father's name put on her birth certificate – supported by
her mother, Pamela Pearson.
One week ago, Pamela died and, yesterday, the Full Court of the Supreme Court
told Ms Andary it would not allow her certificate to be altered.
Now the 25-year-old, who is five months pregnant, is left with only tears,
questions and anger.
"I just think that they (the Full Court) are gutless, really," Ms Andary said
outside court.
"They should not let a person go on and on for years fighting for her
birthright. Mum not being here makes it even harder.
"I'm five months pregnant and I can't marry the man I love because I want my
name to be right first."
Her father, Kamal, held her as she cried.
"Is the law for the people or against us?" Mr Andary asked.
"It should be for the right of the people – what else do they need to make a
decision?"
Ms Andary was born in 1977. Mr Andary, a recent immigrant, did not want to sign
her certificate to avoid child maintenance.
Ms Pearson later married Michael Whitehouse, who adopted Ms Andary and was
recorded on her birth certificate as her father.
After the couple divorced, Ms Andary decided she wanted her real father's name
officially recognised. Her wish was granted by the Adelaide Magistrates Court,
then appealed by the State's Registrar of Births, Deaths and Marriages.
"Mum was the one who helped me start this – I didn't know what to do, and she
made that first phone call," Ms Andary said. "She did everything for me, she
came to every hearing. I'm kind of glad she wasn't here to hear this today."
Justices Ted Mullighan and Ann Vanstone ruled 2-1 the Magistrates Court did not
have the power to grant Ms Andary's request. Justice Tom Grey dissented.
"As long as the order for adoption stands, there is no information which the
court could order to be corrected about the appellant's parents in the
register," Justice Mullighan said.
He told Ms Andary there were "other avenues" for her to explore. Outside court,
her lawyers said those included asking the Family Court to strike out her first
adoption or have her natural father adopt her now.
For Ms Andary, nothing save a change in the law will be enough. "This is not
just me, this is not just South Australia – there are thousands and thousand
of people out there, trying to do the same thing," she said.
Mr Andary vowed to take the case further.
"I am proud of being her father and I have never shied away from that – why
should I?" he said. "I will take this higher than that court, even if I have to
drive it to Canberra."
-------------------------
A good friend will come and bail you out of jail . . . but, a true friend will
be sitting next to you saying, "Damn . . . that was fun!"
-----Unknown
Woman told: you can't have father's name
By SEAN FEWSTER
March 13, 2004
CHANTEL Andary feels as if she has no identity. For years, she has fought to
have her biological father's name put on her birth certificate – supported by
her mother, Pamela Pearson.
One week ago, Pamela died and, yesterday, the Full Court of the Supreme Court
told Ms Andary it would not allow her certificate to be altered.
Now the 25-year-old, who is five months pregnant, is left with only tears,
questions and anger.
"I just think that they (the Full Court) are gutless, really," Ms Andary said
outside court.
"They should not let a person go on and on for years fighting for her
birthright. Mum not being here makes it even harder.
"I'm five months pregnant and I can't marry the man I love because I want my
name to be right first."
Her father, Kamal, held her as she cried.
"Is the law for the people or against us?" Mr Andary asked.
"It should be for the right of the people – what else do they need to make a
decision?"
Ms Andary was born in 1977. Mr Andary, a recent immigrant, did not want to sign
her certificate to avoid child maintenance.
Ms Pearson later married Michael Whitehouse, who adopted Ms Andary and was
recorded on her birth certificate as her father.
After the couple divorced, Ms Andary decided she wanted her real father's name
officially recognised. Her wish was granted by the Adelaide Magistrates Court,
then appealed by the State's Registrar of Births, Deaths and Marriages.
"Mum was the one who helped me start this – I didn't know what to do, and she
made that first phone call," Ms Andary said. "She did everything for me, she
came to every hearing. I'm kind of glad she wasn't here to hear this today."
Justices Ted Mullighan and Ann Vanstone ruled 2-1 the Magistrates Court did not
have the power to grant Ms Andary's request. Justice Tom Grey dissented.
"As long as the order for adoption stands, there is no information which the
court could order to be corrected about the appellant's parents in the
register," Justice Mullighan said.
He told Ms Andary there were "other avenues" for her to explore. Outside court,
her lawyers said those included asking the Family Court to strike out her first
adoption or have her natural father adopt her now.
For Ms Andary, nothing save a change in the law will be enough. "This is not
just me, this is not just South Australia – there are thousands and thousand
of people out there, trying to do the same thing," she said.
Mr Andary vowed to take the case further.
"I am proud of being her father and I have never shied away from that – why
should I?" he said. "I will take this higher than that court, even if I have to
drive it to Canberra."
-------------------------
A good friend will come and bail you out of jail . . . but, a true friend will
be sitting next to you saying, "Damn . . . that was fun!"
-----Unknown
