The Adoption of a Child [2022] NSWSC 1737

Supreme Court New South Wales

Medium Neutral Citation: The Adoption of a Child [2022] NSWSC 1737 Hearing dates: 17 February, 14 March, 14 April 2022 Date of orders: 14 April 2022 Decision date: 14 April 2022 Jurisdiction: Equity - Adoptions List Before: Slattery J Decision: Orders made dispensing with the consent of the birth parents. Orders for the adoption of the child made. Adoption plan approved. Catchwords: ADOPTION – contested adoption – Adoption Act 2000, ss 52, 67, 90 and 91 – application to dispense with the consent of the birth mother and birth father and for adoption orders to be made in respect of an infant child – birth mother and birth father do not consent to the making of adoption order – child has been with adoptive parent since leaving hospital postpartum – child is now 3 years old – whether an adoption order is in the best interests of the child – consideration of the alternatives to an adoption order – whether child's surname should be changed to be that of the prospective adoptive parent. Legislation Cited: Adoption Act 2000, ss 8(1), 8(2), 27, 45F, 50, 52, 67(1)(d), 90, 91 Child and Young Persons (Care and Protection) Act 1998 Category: Principal judgment Parties: Plaintiff: The Secretary, NSW Department of Communities and Justice Defendants: The birth mother and birth father Representation: Counsel: Plaintiff: N. Hailstone (14 March), G. Moore (14 April) Defendants: Self-represented.

Solicitors: Plaintiff: S. Whittaker, Crown Solicitors Office File Number(s): 2021/271855 Publication restriction: Yes