Adoption of Q [2023] NSWSC 1277

Supreme Court New South Wales

Medium Neutral Citation: Adoption of Q [2023] NSWSC 1277 Hearing dates: On the papers Date of orders: 27 October 2023 Decision date: 27 October 2023 Jurisdiction: Equity - Adoptions List Before: Robb J Decision: See orders at [48] Catchwords: CHILD WELFARE – adoption – best interests – consent – notice – change of name – adoption plan – where child has established a stable relationship with the proposed adoptive parents – where identity of child's birth father remains unconfirmed – whether adoption order should be made in favour of proposed adoptive parents – whether consent of birth mother and father should be dispensed with – whether requirement to give notice on the birth father should be dispensed with – whether proposed name change should be approved – whether proposed adoption plan should be approved and registered Legislation Cited: Adoption Act 2000 (NSW), ss 8(1)(e), 23, 46(1), 48, 50, 59, 61, 67(1), 72(1), 72(2)(a), 88(1)(a), 88(4), 90(1)(d), 91, 101(1), 180, 194(2) Adoption Regulation 2015 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW), s 138 Cases Cited: Adoption of IEK [2019] NSWSC 171 Adoption of RCC and RZA [2015] NSWSC 813 Application of A; Re D [2006] NSWSC 1056 Application of BJ and SH, Child J [2013] NSWSC 1857 Application of DOCS re C [2004] NSWSC 702 Application of O and P [2005] NSWSC 1297 Director-General, Department of Human Services; re DAM [2011] NSWSC 634 Re K & The Adoption Act 2000 [2005] NSWSC 858 Secretary, Department of Family and Community Services; Re C and the Adoption Act 2000 (NSW) [2014] NSWSC 1007 Secretary, New South Wales Department of Family and Community Services by his delegate Principal Officer, Adoptions, Barnardos Australia; Re JLR [2015] NSWSC 926 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Texts Cited: Practice Note SC EQ 13 Category: Principal judgment Parties: Secretary, New South Wales Department of Communities and Justice by his delegate, Principal Officer, Barnados Australia (Plaintiff) Representation: Solicitors: Ms S Shariff (Barnados Australia) (Plaintiff) File Number(s): 2023/00228058 Publication restriction: Nil