The Adoption of Andrew, Mark and Richard [2024] NSWSC 508

Supreme Court New South Wales

Medium Neutral Citation: The Adoption of Andrew, Mark and Richard [2024] NSWSC 508 Hearing dates: On the papers Decision date: 03 May 2024 Jurisdiction: Equity - Adoptions List Before: Stevenson J Decision: Orders for adoption to be made Catchwords: CHILD WELFARE – adoption – order – whether in children's best interest that adoption order be made – whether adoption order clearly preferable – whether consent of mother and father should be dispensed with – whether adoption plan should be approved Legislation Cited: Adoption Act 2000 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: Adoption of RCC and RZA [2015] NSWSC 813 Category: Principal judgment Parties: Secretary, Department of Communities and Justice (Plaintiff) "John" (a pseudonym) (Defendant) Representation: Solicitors: Crown Solicitor's Office (Plaintiff) Legal Aid NSW (Defendant) File Number(s): 2021/332956 Publication restriction: This judgment has been anonymised pursuant to s 180 of the Adoption Act 2000 (NSW)

JUDGMENT 1. These proceedings relate to the proposed adoption of the three children, who are siblings, who I will call: 1. "Andrew" (not his real name), now 6 years of age; 2. "Mark" (not his real name), now 8 years of age; and 3. "Richard" (not his real name), now 8 years of age; by the proposed adoptive parents, who I will call "Codey" (not his real name) and "Hannah" (not her real name). 1. By Notice of Motion filed in February 2024, the Secretary of the New South Wales Department of Communities and Justice seeks the following orders: 1. pursuant to s 67(1)(d) of the Adoption Act 2000 (NSW), the Court dispense with the requirement for the consent of the children's birth mother; 2. pursuant to s 67(1)(d) of the Adoption Act, the Court dispense with the requirement for the consent of the children's birth father; 3. orders for the adoption of the children in favour of the adopting parents; 4. orders approving names for the children; 5. note that the Court is satisfied that the arrangements proposed in the Maternal Adoption Plan and the Paternal Adoption Plan are in the children's best interests and are proper in the circumstances. 1. The children's birth father, who I will call "John" (not his real name), filed a Notice of Appearance, and was joined as a defendant in these proceedings. 2. The children's birth mother, who I will call "Isabel" (not her real name), has been served with notice of the adoption application. She has not sought to engage in these proceedings. 3. The parties attended a preliminary hearing for the application in April 2024. The parties have now agreed that I may consider my decision on the papers. I am grateful to Ms Hailstone, for the Secretary, for her submissions, and to John for the material he provided.