Adoption of N [2023] NSWSC 709

Supreme Court New South Wales

Medium Neutral Citation: Adoption of N [2023] NSWSC 709 Hearing dates: 31 March 2023. Further evidence received on 5 April 2023. Date of orders: 6 April 2023 Decision date: 29 June 2023 Jurisdiction: Equity - Adoptions List Before: Henry J Decision: Adoption order under the Adoption Act 2000 (NSW) made in relation to the child known as N. Catchwords: CHILD WELFARE — adoption — adoption of child relative from Ghana — whether Court has jurisdiction to make order under s 23 of the Adoption Act 2000 (NSW) — whether Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption applies — where child has resided in Australia since February 2020 — whether child lost habitual residence in Ghana — whether child is non-citizen child for purpose of s 31 of the Adoption Act 2000 (NSW) — where child is over 12 but less than 18 years old and has given sole consent — where birth parents and Head of Ghana Central Adoption Authority have given consent — whether requirements under Adoption Act 2000 (NSW) satisfied — whether adoption order is in best interests of child — adoption order made — change of name approved Legislation Cited: Adoption Act 2000 (NSW) Adoption Regulation 2015 (NSW) Adoption Regulations, 2018 (L.I. 2360) Children's Act, 1998 (Act 560) Children's (Amendment) Act, 2016 (Act 937) Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth) Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption Immigration (Guardianship of Children) Act 1946 (Cth) Cases Cited: Adoption of R [2017] NSWSC 270 LK v Director General, Department of Community Services (2009) 237 CLR 582; [2009] HCA 9 Punter v Secretary for Justice as the New Zealand Central Authority [2004] NZLR 28 Re Adoption Application by KGC and TGC [2007] NZFLR 851 Re LC (Children) (Reunite International Child Abduction Centre Intervening) [2014] All ER (D) 62 (Jan); [2014] 2 WLR 124 Re WS (No 2) [2017] NSWSC 475 Re WS (No 3) [2017] NSWSC 1160 Category: Principal judgment Parties: RM (First Plaintiff) NL (Second Plaintiff) Secretary, New South Wales Department of Communities and Justice (Intervenor) Representation: Counsel: Dr C McConaghy (Plaintiffs) Dr M Barnett SC (Intervenor)