The Adoption of Milo (a pseudonym) [2023] NSWSC 941

Supreme Court New South Wales

Medium Neutral Citation: The Adoption of Milo (a pseudonym) [2023] NSWSC 941 Hearing dates: Preliminary hearing and otherwise dealt with in chambers Date of orders: 11 August 2023 Decision date: 11 August 2023 Jurisdiction: Equity - Adoptions List Before: Meek J Decision: Order for adoption made in favour of the stepfather of the child. Declaration that adoption order does not mean that the child's mother ceases to be regarded in law as the mother of the child. Catchwords: FAMILY LAW AND CHILD WELFARE — Adult adoption — Proper applicant — Whether s 24 Adoption Act 2000 (NSW) (Adoption Act) permits an adult child to be the applicant for his or her adoption — Section 24 envisages that the applicant for the adoption will not be the child but rather the person who cared for the child as his or her or their child prior to the child reaching the age of 18 years STATUTES — Construction — Whether s 24 Adoption Act permits an adult child to be the applicant for his or her adoption — Section 24 envisages that the applicant for the adoption will not be the child but rather the person who cared for the child as his or her or their child prior to the child reaching the age of 18 years FAMILY LAW AND CHILD WELFARE — Practice and procedure — Preliminary hearing to be conducted with as little formality as the judge considers appropriate — Preliminary hearing may provide a quick, beneficial and relational means of addressing issues Legislation Cited: Adoption Act 2000 (NSW) Cases Cited: Adoption of ESF [2014] NSWSC 687 Re SD and DD [2014] NSWSC 1017 Category: Principal judgment Parties: "Milo" (a pseudonym) (First Plaintiff) "Harvey" (a pseudonym) (Second Plaintiff) Representation: Counsel: