NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Re Clare (a pseudonym) [2023] NSWSC 1009 Hearing dates: 21 August 2023 Date of orders: 21 August 2023 Decision date: 21 August 2023 Jurisdiction: Equity - Adoptions List Before: Stevenson J Decision: Adoption order discharged; declaration of parentage made Catchwords: CHILD WELFARE – adoption – discharge of adoption order made in 1957 – whether exceptional reason shown – whether declaration of parentage should be made Legislation Cited: Adoption Act 2000 (NSW) Births, Deaths and Marriages Registration Act 1995 (NSW) Status of Children Act 1996 (NSW) Cases Cited: Adoption of LVH [2014] NSWSC 1902 AX and Anor v SX and Ors [2021] EWHC 1121 (Fam) BB v DD; Re AA and the Surrogacy Act 2010 (NSW) [2015] NSWSC 1095 R v Kelly (Edward) [2000] QB 198 Re L: Application for Parentage Order [2022] NSWSC 1155 S v B; O v D [2014] NSWSC 1533 Surrogacy Application by a Couple from the United States of America [2017] NSWSC 1806 Yacoub v Pilkington (Australia) Ltd [2007] NSWCA 290 Category: Principal judgment Parties: "Clare" (a pseudonym) (Plaintiff) Secretary, New South Wales Department of Communities and Justice (Intervenor) Representation: Counsel: J Harris (Intervenor)
Solicitors: Plaintiff (self-represented) Crown Solicitor's Office (Intervenor) File Number(s): 2022/343389; No 562 of 1957 Publication restriction: This judgment has been anonymised pursuant to s 180 of the Adoption Act 2000 (NSW)
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