NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: The Adoption of Sam (a pseudonym) [2024] NSWSC 1317 Hearing dates: On the papers Decision date: 21 October 2024 Jurisdiction: Equity - Adoptions List Before: Stevenson J Decision: Adoption orders made Catchwords: CHILD WELFARE – adoption – best interests – where birth parents oppose adoption – where birth mother opposes adoption due to belief of wrongful removal at birth – where birth mother opposes adoption in circumstances where adoptive parents are a same-sex couple – where birth mother opposes adoption due to fear of birth family contact not being facilitated post-adoption – whether adoption order would be in best interests of the child Legislation Cited: Adoption Act 2000 (NSW) Adoption Amendment (Same Sex Couples) Act 2010 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Adoption of BS (No 3) [2013] NSWSC 2033 Adoption of RCC and RZA [2015] NSWSC 813 Adoption of Taylor-Clay [2019] NSWSC 27 Director-General, NSW Department of Family and Community Services Re JS [2013] NSWSC 306 Re ASK and the Adoption Act 2000 [2017] NSWSC 521 Re: William and Jane [2010] NSWSC 1435 Secretary, New South Wales Department of Families and Community Services by his delegate, Principal Officer Barnardos Australia v HR & CD [2016] NSWSC 1926 The Adoption of S [2021] NSWSC 1335 Category: Principal judgment Parties: Secretary, New South Wales Department of Communities and Justice by his delegate, Principal Officer, Adoptions, Barnardos Australia (Plaintiff) "Ellen" (a pseudonym) (First Defendant) "Michael" (a pseudonym) (Second Defendant) Representation: Solicitors: Crown Solicitor's Office (Plaintiff) First Defendant (self-represented) Second Defendant (self-represented) File Number(s): 2023/257793 Publication restriction: This judgment has been anonymised pursuant to s 180 of the Adoption Act 2000 (NSW)
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