The Adoption of ‘W’ [2021] NSWSC 1642

Supreme Court New South Wales

Medium Neutral Citation: The Adoption of 'W' [2021] NSWSC 1642 Hearing dates: 14 December 2021 Date of orders: 15 December 2021 Decision date: 15 December 2021 Jurisdiction: Equity - Adoptions List Before: Sackar J Decision: See paras [20]-[21], [26]-[27] 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 — Registration of adoption plans Legislation Cited: Adoption Act 2000 (NSW) ss 7, 8 Children and Young Persons (Care and Protection) Act 1998 (NSW) Category: Principal judgment Parties: Secretary, New South Wales Department of Communities and Justice (plaintiff) Birth father (first defendant) Birth mother (second defendant) Representation: Counsel:

Solicitors: Crown Solicitor's Office (plaintiff) Birth parents (self-represented) File Number(s): 2020/339283 Publication restriction: Nothing that would identify the parties

Judgment 1. The plaintiff, the Secretary, NSW Department of Communities and Justice, makes application for the adoption of 'W'. Further application is made dispensing with the consent of the child's birth mother and birth father. The application for adoption is in favour of the proposed adoptive parents. The Court is also requested to approve the surname "[birth surname]-[proposed adoptive parents' surname]" and retaining his given names. 2. These proceedings were commenced on 27 November 2020. The birth parents have been involved from about December 2020 and initially made it clear that they opposed all the orders sought by the Secretary. However, after I had reserved my judgment, the birth parents communicated that they requested the name change in the form sought by the Secretary. 3. A good deal of evidence is relied upon by the Secretary, but importantly two reports of Ms Penelope Haskins who is a highly experienced social worker and independent assessor in such cases.