Adoption of Jones Children (anonymised) [2020] NSWSC 1241

Supreme Court New South Wales

Medium Neutral Citation: Adoption of Jones Children (anonymised) [2020] NSWSC 1241 Hearing dates: 24 February 2020 Date of orders: 25 February 2020 Decision date: 25 February 2020 Jurisdiction: Equity - Adoptions List Before: Sackar J Decision: Adoption Orders Made (four) Catchwords: FAMILY LAW – Children – Adoption – Whether adoption clearly preferable – whether adoption is in child's best interests – whether the consent of the birth parent/s ought to be dispensed with – contact – adoption plans – change of name Legislation Cited: Adoption Act 2000 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: Adoption of NG (No 2) [2014] NSWSC 680 Adoption of RCC and RZA [2015] NSWSC 813 Adoption of Taylor-Clay [2019] NSWSC 27 OA v Secretary, Department of Communities and Justice [2019] NSWCA 322 Texts Cited: n/a Category: Principal judgment Parties: Secretary, New South Wales Department of Communities and Justice (plaintiff) Birth mother (defendant) Representation: Counsel: Ms D Ward (plaintiff) No representation Solicitors: Crown Solicitors Office (Ms S Roden) (plaintiff) No representation (defendant) File Number(s): 2019/122596, 2019/122588, 2019/32026, 2019/32026

Judgment

The proceedings 1. This judgment concerns three separate adoption proceedings which were heard together. The first concerns the adoption of A in favour of Mr and Mrs White ('A's proposed adoptive parents'). By way of Summons filed 18 April 2019, the Secretary, Department of Communities and Justice ('the Secretary') seeks: 1. That pursuant to Adoption Act 2000, s. 67(1)(d), the consent of the child's birth mother, Ms Green be dispensed with. 2. That pursuant to Adoption Act 2000, s. 67(1)(d) the consent of the child's birth father, Mr Jones be dispended with. 3. An order for the adoption of the child A in favour of the adopting parents Mr and Mrs White. 4. An order approving the name "White" as the surname and "AM" as the given names of the child. 1. The second adoption proceedings concern the adoption of B in favour of Mr and Mrs Smith ('B's proposed adoptive parents'). By way of Summons filed 18 April 2019, the Secretary seeks the following orders: 1. That pursuant to Adoption Act 2000, s. 67(1)(d), the consent of the child's birth mother, Ms Green be dispensed with. 2. That pursuant to Adoption Act 2000, s. 67(1)(d) the consent of the child's birth father, Mr Jones be dispended with. 3. An order for the adoption of the child B in favour of the adopting parents Mr and Mrs Smith. 4. An order approving the name "Smith" as the surname and "BS" as the given names of the child. 1. The third adoption proceedings concern the adoption of C and D in favour of Ms Kelly (C and D's 'proposed adoptive mother'). By way of Summons filed 18 April 2019, the Secretary seeks the following orders: 1. That pursuant to Adoption Act 2000, s. 67(1)(d), the consent of the children's birth mother, Ms Green be dispensed with. 2. [redacted] 3. An order for the adoption of the child C in favour of the adopting parent Ms Kelly. 4. An order approving the name "Kelly" as the surname and "CG" as the given names of the child. 5. An order for the adoption of the child D in favour of the adopting parent Ms Kelly. 6. An order approving the name "Kelly" as the surname and "DS" as the given names of the child. 1. The children's birth mother was joined as a party to each of the proceedings. She filed evidence and opposed the adoptions. However, she did not appear at the hearing. 2. A and B's birth father was joined as a party to the proceedings in relation to A and B. However, he did not actively participate in the proceedings and did not appear at the hearing. 3. [redacted] 4. [redacted] 5. The hearing was listed to commence on 24 February 2020 at 10.30am. When the birth mother and A and B's birth father did not appear, the hearing was adjourned so that enquiries could be made. Counsel for the Secretary advised the Court that several phone calls were made to the birth mother's telephone number, and that departmental caseworkers had visited the birth mother's last known address that morning but she was not found there. Two bundles of documents evidencing the attempts made by the Crown Solicitor's Office to contact the birth parents and inform them of the hearing date were tendered. 6. Having heard the submissions from the Secretary I made the orders sought in relation to each child on 26 February 2020. I indicated I would provide short reasons in due course and these are they.