Re the Adoption of Andrew and Alistair [2023] NSWSC 596

Supreme Court New South Wales

Medium Neutral Citation: Re the Adoption of Andrew and Alistair [2023] NSWSC 596 Hearing dates: 23 May 2023 Date of orders: 23 May 2023 Decision date: 23 May 2023 Jurisdiction: Equity Before: Hallen J Decision: Orders for adoption made; change of names approved and maternal adoption plan approved Catchwords: ADOPTION — FAMILY LAW AND CHILD WELFARE — Child welfare under State legislation — Application for the adoption of two children, who are maternal siblings, in favour of a married couple — Mother of the child opposes orders — Older child is nearly 18 years old, whilst younger child is 16 years old – Both consent to the adoption orders and change of surname sought - Whether proposed surname change for each child to surname of proposed adoptive parents should be approved – Consent to name change by each child FAMILY LAW AND CHILD WELFARE - Maternal Adoption Plan - Whether the arrangements in the adoption plan are in the children's best interests and are proper in the circumstances - registration of Adoption Plan Legislation Cited: Adoption Act 2000 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Succession Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Pt 7 r 7.1(1), 7.36 Cases Cited: Adoption of IEK [2019] NSWSC 171 Adoption of KH [2015] NSWSC 274 Adoption of NG (No 2) [2014] NSWSC 680 Adoption of RCC and RZA [2015] NSWSC 813 Cicek v Estate of late Solomon [2014] NSWCA 278 Director General Department of Human Services; Re M [2011] NSWSC 369 In the matter of D (A Child) [2014] EWFC 39 MacPherson v R (1981) 147 CLR 512; [1981] HCA 46 Oxfordshire County Council v X [2010] Fam Law 790; [2010] EWCA Civ 581 Rajski v Scitec Corporation Pty Ltd (Court of Appeal (NSW), 16 June 1986, unrep) Re B (Adoption: Jurisdiction to Set Aside) [1995] Fam 239 Re G [2013] EWCA Civ 965 Re the Adoption of AJH [2017] NSWSC 1751 Re WS (No 3) [2017] NSWSC 1160 Secretary, Department of Communities and Justice v OA [2019] NSWSC 1457 Secretary, New South Wales Department of Family and Community Services by his delegate, Principal Officer, Barnardos Australia v MB and JW [2017] NSWSC 1087 Secretary, New South Wales Department of Family and Community Services by his delegate Principal Officer, Adoptions, Barnardos Australia; Re JLR [2015] NSWSC 926 Tomasevic v Travaglini [2007] VSC 337; (2007) 17 VR 100 Texts Cited: Adoption: Complexities Beyond the Law (Speech delivered at the Denning Society Lecture at Lincoln's Inn, 13 November 2014) Category: Principal judgment Parties: Secretary, Department of Communities and Justice (Applicant) L (Birth Mother) Representation: Counsel: B J Dean (Applicant)