Adoption of M (Anonymised) [2021] NSWSC 354

Supreme Court New South Wales

Medium Neutral Citation: Adoption of M (Anonymised) [2021] NSWSC 354 Hearing dates: 23, 24 March 2021 Date of orders: 26 March 2021 Decision date: 14 April 2021 Jurisdiction: Equity - Adoptions List Before: Sackar J Decision: See paras [25], [31] Adoption orders made Catchwords: FAMILY LAW — Children — Adoption — Whether adoption clearly preferable and in the best interests of the child — Whether consent of birth parents ought to be dispensed with — Change of name Legislation Cited: Adoption Act 2000 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Evidence Act 1995 (NSW) Cases Cited: n/a Category: Principal judgment Parties: The Secretary, NSW Department of Communities and Justice by his delegate Principal Officer, Adoptions, Barnardos Australia (plaintiff) G K W (first defendant) S C J (second defendant) Representation: Counsel: R Harper (plaintiff)

Solicitors: NSW Crown Solicitors (plaintiff) Birth mother (self represented) Birth father (self represented) File Number(s): 2020/04218 Publication restriction: Nothing which will identify the parties

Judgment 1. These proceedings concern M who was born on 1 November 2012. 2. Application was made for orders under the Adoption Act 2000 (NSW) ("Adoption Act"), by the Secretary, NSW Department of Communities and Justice by his delegate, the principal officer of Barnardos Australia in relation to the child in favour of the proposed adoptive parents. 3. The birth parents oppose the making of the orders sought. 4. The matter was originally fixed for hearing before me for two days on 15 and 16 March 2021. However upon the birth parents' application I adjourned the hearing to the following week to 23 and 24 March 2021. 5. On 26 March, having heard the evidence and submissions, I made the orders requested. I indicated I would subsequently publish my reasons. These are they.