Two Children Proposed for Adoption [2020] NSWSC 1486

Supreme Court New South Wales

Medium Neutral Citation: Two Children Proposed for Adoption [2020] NSWSC 1486 Hearing dates: 13 March, 13 August 2020 Date of orders: 13 August 2020 Decision date: 26 October 2020 Jurisdiction: Equity Before: Slattery J Decision: Orders made dispensing with consent of the birth parents. Orders for the adoption of both children made. Adoption plans approved. Catchwords: ADOPTION – contested adoption – Adoption Act 2000, ss 52, 67, 90 and 91 – application to dispense with the consent of the birth mother and birth father and for adoption orders to be made in respect of two children – birth mother and birth father do not consent to the making of adoption order – children have been with adoptive parents from a very young age – children are now 6 and 4 years old – whether an adoption order is in the best interests of the children – consideration of the alternatives to an adoption order. Legislation Cited: Adoption Act 2000, ss 8(1),8(2), 45F, 50, 52 67(1)(d), 90, 91 Child and Young Persons (Care and Protection) Act 1998 Category: Principal judgment Parties: Plaintiff: The Secretary, NSW Department of Communities and Justice by his delegate Principal Officer Adoptions, Barnardos Australia Representation: Counsel: Plaintiff: C. Spain

Solicitors: Plaintiff: Karen Smith, Crown Solicitor for NSW File Number(s): 2019/317814 Publication restriction: Yes

Judgment 1. The plaintiff, the Secretary ("the Secretary") of the Department of Communities and Justice ("the Department") seeks an order under Adoption Act 2000 ("the Adoption Act") for the adoption of two children in favour of the proposed adoptive parents. 2. The children are full siblings. At the time of the hearing, the first born child was six years old and the second born child was four years old. During the directions hearing of 13 March 2020, both birth parents told the Court that they did not oppose the making of the adoption orders but neither birth parent had signed a formal consent to the adoptions. Neither of the birth parents has been joined as a defendant to the proceedings. 3. The Secretary seeks orders under Adoption Act, s 67(1)(d), dispensing with the consent of the children's birth parents. The Secretary seeks orders for the adoption of the children by the proposed adoptive parents with the children retaining their birth surname. This judgment sets out the Court's reasons for determining that the orders proposed by the Secretary should be made. 4. The Secretary was represented by Ms C. Spain of counsel, instructed by the Crown Solicitor's Office. The birth father was present in Court at the directions hearing on 13 March 2020. The birth mother appeared by audio-link on that date. Although they were given notice of the final hearing date of 13 August 2020, neither birth parent appeared at the final hearing. 5. These reasons set out a narrative of the relevant facts about the children, their birth parents and their proposed adoptive parents. The history provided in these reasons is necessarily less detailed than the material set out in the evidence filed in these proceedings. These reasons provide a narrative of the facts essential to the Court's decision. 6. The Court has considered all the evidence, including the affidavits of the delegates to the Secretary, Benn Kevin Anderson, Denise Kay Berry and Stephanie Ursino, and the affidavit of the adoption assessor, Pria Vernon, annexing a report as required by the Adoption Act, s 91(1). Other affidavits filed include those of the proposed adoptive parents, their referees, and affidavits from both the Crown Solicitors Office and Barnardos Australia ("Barnardos") case workers. Neither of the birth parents has filed an affidavit, though they were each heard in person at was a lengthy directions hearing and indirectly through reports of their communications to officers of the Department.