The Adoption of David (a pseudonym) [2024] NSWSC 563

Supreme Court New South Wales

Medium Neutral Citation: The Adoption of David (a pseudonym) [2024] NSWSC 563 Hearing dates: On the papers; written submissions 24 April 2024 Date of orders: 13 May 2024 Decision date: 13 May 2024 Jurisdiction: Equity - Adoptions List Before: Stevenson J Decision: Consent dispense order made Catchwords: CHILD WELFARE – adoption – consent dispense order – where consent dispense order sought before application for adoption order – where father not identified – where multiple putative fathers identified – where reasonable inquiries made to identify and locate the father Legislation Cited: Adoption Act 2000 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Adoption of A [2022] NSWSC 567 Secretary, Department of Family and Community Services; Re C and the Adoption Act 2000 (NSW) [2014] NSWSC 1007 Category: Procedural rulings Parties: Secretary, New South Wales Department of Communities and Justice (Plaintiff) Representation: Solicitors: New South Wales Department of Communities and Justice (Plaintiff) File Number(s): 2024/167404 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 a child who I will call "David" (not his real name). 2. By Summons filed 24 April 2024, the Secretary of the New South Wales Department of Communities and Justice sought an order, pursuant to s 67(1)(a) of the Adoption Act 2000 (NSW), dispensing with the requirement for the consent of David's father to David's adoption. 3. I propose to make the order. These are my reasons. 4. I have been greatly assisted by the careful submissions I received from Ms Greenham and Ms Braude from the Department of Communities and Justice. Much of what follows is taken, with gratitude, from those submissions.