The Adoption of ‘O’ (Anonymised) [2021] NSWSC 1517

Supreme Court New South Wales

Medium Neutral Citation: The Adoption of 'O' (Anonymised) [2021] NSWSC 1517 Hearing dates: 17, 18 & 19 November 2021 Date of orders: 26 November 2021 Decision date: 26 November 2021 Jurisdiction: Equity - Adoptions List Before: Sackar J Decision: See paras [128], [132], [144]-[145] 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 — change of name — de-identification of a child as Aboriginal — maternal and paternal adoption plans Legislation Cited: Adoption Act 2000 (NSW) ss.4, 7, 8, 9, 23, 24, 26, 27, 28, 45F, 52, 54, 67, 69, 72, 87, 88, 90, 91, 101, 127, 128, 129 Children and Young Persons (Care and Protection) Act 1998 (NSW) ss. 86, 90 Cases Cited: Adoption of BS (No. 3) [2013] NSWSC 2033 Adoption of LJK and CRK [2017] NSWSC 7 Adoption of NG (No 2) [2014] NSWSC 680 Director-General, Dept of Community Services v D and Ors [2007] NSWSC 762 Hackett (a pseudonym) v Secretary, Department of Communities and Justice [2020] NSWCA 83 Re Adoption of RCC and RZA [2015] NSWSC 813 Re D, Application of A [2006] NSWSC 1056 Secretary, New South Wales Department of Family and Community Services by his delegate Principal Officer, Adoptions, Barnados Australia; Re JLR [2015] NSWSC 926 Category: Principal judgment Parties: Secretary, Department of Communities and Justice (Plaintiff) Birth father (First Defendant) Birth mother (Second Defendant) Representation: Counsel: Ms T Stevens (Plaintiff)