In that case, when the child was born he was given the name of the person regarded as his father, pursuant to the relevant Queensland legislation. The judge considered that merely because the wife herself had adopted her husband's surname while cohabiting with him did not mean she was a party to the registration of the child under that surname. Right to be known and be cared for 283. The Federal Government has introduced reforms to the Family Law Act 1975 which will replace the existing part of the Act which deals with children. The new part includes, as one of the principles underlying its object, 'children have the right to know and be cared for by both their parents, regardless of whether their parents are married, separated, have never married or have never lived together'.
Some States provide specifically for the right to be known and cared for.
Children, for the full harmonious development of their personalities need love and understanding and towards that end, should, whenever possible, grow up in the care and under the responsibility of their parents, but if that is not possible, in an environment of affection and moral maternal security and in the case of children of tender years, should not, except in exceptional circumstances, be separated from their parents. The South Australian Children's Protection Act 1933, while requiring the child's best interests to be the main consideration, requires serious consideration to be given to the desirability of keeping the child within his or her family and preserving and strengthening family relationships between the child, the child's parents and other members of the child's family, whether or not the child is to reside within his or her family.