In the matter of an application for the adoption of X and in the matter of the Adoption of Children Ordinance 1965 [1984] FCA 211

ny

CATCHWORDS

' ADOPTION - Child born in foreign country - Male applicant appointed legal guardian of child by court of that country and authorised to remove child to Australia - Child brought to Australia with approval of Department of Immigration with the intention that it be adopted by the applicants - Application to dispense with mother's consent - Whether "reasonable inquiry" made to find mother - Whether child "abandoned" or "deserted" - Whether "other special circum-

stances" existed for consent to be properly dispensed with -

Adoption of Children Ordinance 1965, section 30.

APPEAL - Federal Court of Australia - Decision of Supreme Court of the Australian Capital Territory refusing to dispense with consent of mother to adoption of child born

in foreign country - Appellants seeking to adduce evidence additional to that hefore Supreme Court ~ Evidence admitted -

Federal Court of Australia Act 1976, section 27 - Federal

Court Rules, Order 52 rule 36.

No. ACT G12 of 1984 IN THE MATTER of an Application for Adoption of X

AND IN THE MATTER of the Adoption of Children Ordinance 1965

McGregor, Gallop and Neaves JJ. 19 July 1984 Canberra

«

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRATIAN CAPITAL TERRITORY

)

} No. ACT G12 of 1984 DISTRICT FEGISTRY ) ) )

GENERAL DIVISION

ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

IN THE MATTER of an Application for the Adoption of X

AND IN THE MATTER of the Adoption of Children Ordinance 1965

ORDER JUDGES MAKING ORDER: McGregor, Gallop and Neaves JJ. DATE OF ORDER: 19 July 1984 WHERE MADE: Canberra

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. The consent of the mother of the child to its adoption as required by sub-section 24(3) of

the Adoption of Children Ordinance 1965 is

dispensed with.

IN THE FEDERAL COURT OF AUSTRALIA)

AUSTPAT TA. CAPITAL TERRITORY