Adoption of F and IR (anonymised) [2022] NSWSC 262

Supreme Court New South Wales

Medium Neutral Citation: Adoption of F and IR (anonymised) [2022] NSWSC 262 Hearing dates: 17 February 2022 Date of orders: 18 February 2022 Decision date: 02 March 2022 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 Court should order that child is an Aboriginal child pursuant to s 4(2) of the Adoption Act — whether the consent of the birth parents ought to be dispensed with — change of name Legislation Cited: Adoption Act 2000 (NSW) Cases Cited: Hackett (a pseudonym) v Secretary, Department of Communities and Justice [2020] NSWCA 83 Pochi v Minister for Immigration and Ethnic Affairs (1979) 36 FLR 482 Sudath v Health Care Complaints Commission (2012) 84 NSWLR 474 Texts Cited: N/A Category: Principal judgment Parties: Secretary, Department of Communities and Justice (Plaintiff) K-AE (Defendant) Representation: Counsel: Ms C Spain (Plaintiff) Mr G Moore (Defendant)

Solicitors: Crown Solicitors of NSW (Plaintiff) Aboriginal Legal Service (Defendant) File Number(s): 2021/119153 Publication restriction: Nothing which would identify the parties in the matter.

Judgment 1. Application is made for the adoption and other orders in respect of two children, F and IR. The orders sought are opposed by the birth mother. However, if the court is disposed to make orders in accordance with the Summons, counsel for the birth mother submits that in each child's case the court should make orders in accordance with s 4(2) of the Adoption Act 2000 (NSW) that each is an Aboriginal child.