The Adoption of Mary (a pseudonym) and Michael (a pseudonym) (No 3) [2023] NSWSC 1435

Supreme Court New South Wales

Medium Neutral Citation: The Adoption of Mary (a pseudonym) and Michael (a pseudonym) (No 3) [2023] NSWSC 1435 Hearing dates: 21 November 2023 Date of orders: 24 November 2023 Decision date: 24 November 2023 Jurisdiction: Equity - Adoptions List Before: Stevenson J Decision: Orders for adoption made Catchwords: CHILD WELFARE – adoption – order – best interests of children Legislation Cited: Adoption Act 2000 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: Adoption of BL [2018] NSWSC 391 Adoption of RCC and RZA [2015] NSWSC 813 Adoption of Taylor-Clay [2019] NSWSC 27 Application of A - re D [2006] NSWSC 1056 In re W (A Child) [2017] 1 WLR 889 The Adoption of Mary (a pseudonym) and Michael (a pseudonym) [2023] NSWSC 149 The Adoption of Mary (a pseudonym) and Michael (a pseudonym) (No 2) [2023] NSWSC 1038 Category: Principal judgment Parties: Secretary, New South Wales Department of Communities and Justice (Plaintiff) "Audrey" (a pseudonym) (First Defendant) "Steven" (a pseudonym) (Second Defendant) Representation: Solicitors: Crown Solicitor's Office (Plaintiff) Defendants (self-represented) File Number(s): 2019/221936 Publication restriction: This judgment has been anonymised pursuant to s 180 of the Adoption Act 2000 (NSW)

JUDGMENT 1. The background to this matter is set out in my earlier judgments. [1] 2. In those judgments I referred to the "Prospective Adoptive Parents". In these reasons, I will refer to that couple as "Julie" and "Matthew" (not their real names). 3. Otherwise, I shall use the same abbreviations and pseudonyms as in those earlier judgments. 4. On 21 November 2023, I heard the Secretary's application for orders that Mary and Michael be adopted by Julie and Matthew. 5. The children's mother, "Audrey", and Michael's father, "Steven" (not their real names), appeared by audio-visual link to confirm their opposition to the making of an adoption order. 6. Audrey and Steven had, however, shortly prior to the hearing, signed the Adoption Plans to which I refer below. 7. At the hearing, I announced I proposed to make the orders sought by the Secretary. 8. Those orders were made after a ceremony involving the children earlier today. 9. The orders I then made in relation to Mary were: 1. That pursuant to Adoption Act 2000, s 67(1)(d), the Court dispense with the requirement for the consent of the child's birth mother, Audrey. 2. Order for the adoption of the child Mary in favour of the adopting parents Julie and Matthew and approves their surname as the surname and "Mary [and current surname]" as the given names of the child. 3. That pursuant to Adoption Act 2000, ss 50(1) and (3), the Adoption Plan signed by the proposed adoptive parents on 31 October 2023 and the plaintiff on 7 August 2023, a copy of which is annexed hereto and marked "A", be registered. 4. That pursuant to Adoption Act 2000, ss 50(1) and (3), the Paternal Adoption Plan for Mary signed by the proposed adoptive parents on 28 September 2022 and the plaintiff on 12 October 2022, a copy of which is annexed hereto and marked "B", be registered. 1. The orders I made in relation to Michael were: 1. That pursuant to Adoption Act 2000, s 67(1)(d), the Court dispense with the requirement for the consent of the child's birth mother, Audrey. 2. That pursuant to Adoption Act 2000, s 67(1)(d), the Court dispense with the requirement for the consent of the child's birth father, Steven. 3. Order for the adoption of the child Michael in favour of the adopting parents Julie and Matthew and approves their surname as the surname and "Michael [and current surname]" as the given names of the child. 4. That pursuant to Adoption Act 2000, ss 50(1) and (3), the Adoption Plan signed by the proposed adoptive parents on 31 October 2023 and the plaintiff on 7 August 2023, a copy of which is annexed hereto and marked "A", be registered. 1. These are my reasons for making those orders. 2. I have been greatly assisted by the comprehensive submissions made on behalf of the Secretary by Ms Ananda Hall, for the Crown Solicitor's Office. 3. Much of what follows is taken, with gratitude, from those submissions.