The Adoption of Elisabeth (a pseudonym) [2024] NSWSC 742

Supreme Court New South Wales

Medium Neutral Citation: The Adoption of Elisabeth (a pseudonym) [2024] NSWSC 742 Hearing dates: On the papers Date of orders: 6 June 2024 Decision date: 18 June 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 reasonable enquiries made to identify and locate the father Legislation Cited: Adoption Act 2000 (NSW) Children's Guardian Act 2019 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Adoption of A [2022] NSWSC 567 Re DYK and The Adoption Act 2000 [2005] NSWSC 1045 Re K and The Adoption Act 2000 [2005] NSWSC 858 Re KN and The Adoption Act 2000 [2005] NSWSC 896 Category: Procedural rulings Parties: Secretary, New South Wales Department of Communities and Justice (Plaintiff) Representation: Solicitors: Crown Solicitor's Office (Plaintiff) File Number(s): 2024/202415 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 "Elisabeth" (not her real name). 2. By Summons filed 31 May 2024, the Secretary of the New South Wales Department of Communities and Justice ("the Secretary") sought an order, pursuant to s 67(1)(a) of the Adoption Act 2000 (NSW), dispensing with the requirement for the consent of Elisabeth's father to Elisabeth's adoption. 3. I made that order on 6 June 2024. These are my reasons. 4. I have been greatly assisted by the submissions I received from Ms Hailstone for the Secretary. Much of what follows is taken, with gratitude, from those submissions.