In the matter of YL [2023] NSWSC 787

Supreme Court New South Wales

Medium Neutral Citation: In the matter of YL [2023] NSWSC 787 Hearing dates: In Chambers Date of orders: 6 July 2023 Decision date: 06 July 2023 Jurisdiction: Equity - Adoptions List Before: Black J Decision: Orders sought in application not made. Catchwords: FAMILY LAW – Children – Adoption – Where adoption order made in a Hague Convention country – Where order not obtained in accordance with the Hague Convention – Whether declaration of recognition of foreign adoption can be made FAMILY LAW – Children – Adoption – Where adoption alternatively order sought ab initio – Where evidence not led to satisfy ss 8 and 90 of the Adoption Act 2000 (NSW) – Whether adoption order can be made Legislation Cited: - Adoption Act 2000 (NSW), Ch 2 Pt 2, Sch 1, ss 8, 28, 29, 30, 67, 87, 90, 91, 103, 105, 108, 109, 116, 117, 118 - Children and Young Persons (Care and Protection) Act 1998 (NSW) - Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, opened for signature 29 May 2023 (entered into force 1 May 1995), art. 17, 23 - Family Law Act 1975 (Cth) - Family Law (Hague Convention of Intercountry Adoption) Regulations 1998 (Cth), Sch 2, cl 4 - Family Law (Bilateral Arrangements—Intercountry Adoptions) Regulations 2023 (Cth), s 5 Cases Cited: - Re C and the Adoption Act [2007] NSWSC 768 - Adoption of CAR [2018] NSWSC 1552 Texts Cited: • M Davies et al, Nygh's Conflict of Laws in Australia (LexisNexis Butterworths, 10th ed, 2020) 764 [30.37] Category: Principal judgment Parties: LL (First Plaintiff) WD (Second Plaintiff) Department of Communities and Justice (Intervener) Representation: Solicitors: Avantro Solicitors (First and Second Plaintiff) Crown Solicitor's Office (Intervener) File Number(s): 2023/74220