NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Adoption of L (Anonymised) [2021] NSWSC 85 Hearing dates: 3 February 2021 Date of orders: 5 February 2021 Decision date: 05 February 2021 Jurisdiction: Equity - Adoptions List Before: Sackar J Decision: Adoption Orders Made Catchwords: FAMILY LAW — Children — Adoption — Whether adoption clearly preferable and in the best interests of the child — whether the consent of the birth parents ought to be dispensed with –– contact – declaration of parentage –– adoption plans – change of name –– Legislation Cited: Adoption Act 2000 (NSW) Status of Children Act 1996 (NSW) Births, Deaths and Marriages Registration Act 1995 (NSW) Cases Cited: In the Adoption of RCC and RZA [2015] NSWSC 813 Texts Cited: n/a Category: Principal judgment Parties: The Secretary, NSW Department of Communities and Justice by his delegate Principal Officer, Adoptions, Barnardos Australia (plaintiff) R F (first defendant) RR SM (second defendant) Representation: Counsel: Ms T Stevens (plaintiff)
Solicitors: Crown Solicitor of NSW (plaintiff) No representation (defendants) File Number(s): 2020/237539 Publication restriction: n/a
Judgment 1. By further amended summons the plaintiff, the Secretary, NSW Department of Communities and Justice (the Secretary), by his delegate Principal Officer, Adoptions Barnardos Australia, seeks orders for the adoption of L, and other consequential orders. 2. L was born on 18 January 2016 at Westmead Hospital and has just turned 5 years of age. 3. The birth parents are respectively the birth father as first defendant and the birth mother as second defendant. 4. The birth mother opposes the orders sought and took an active role in the proceedings. The father who does not it seems oppose the orders sought and took no role in the proceedings. However both birth parents have agreed and signed maternal and paternal adoption plans. 5. I gave brief reasons for judgment on 5 February 2021 and made orders. I indicated that I would give more detailed reasons. These are my reasons.
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