The Adoption of Ava (a pseudonym) [2024] NSWSC 1448

Supreme Court New South Wales

Medium Neutral Citation: The Adoption of Ava (a pseudonym) [2024] NSWSC 1448 Hearing dates: 18 November 2024 Date of orders: 18 November 2024 Decision date: 18 November 2024 Jurisdiction: Equity - Adoptions List Before: Nixon J Decision: (1) An order for the adoption of the child, Ava Westley, in favour of the proposed adoptive parent, Penny Nicola Hedley. (2) An order approving the name "Westley" as the surname and "Ava Caroline" as the given names of the child. (3) A declaration pursuant to s 21(2) of the Status of Children Act 1996 (NSW) that Travis Pottinger is the father of Ava Westley. (4) An order pursuant to s 19(2) of the Births, Deaths and Marriages Registration Act 1995 (NSW) for the inclusion of Travis Pottinger as the father of Ava Westley in the Register of Births, Deaths and Marriages. Catchwords: CHILD WELFARE – adoption – whether in child's best interest that adoption order be made – whether adoption order clearly preferable – whether child is of sufficient maturity to understand effect of giving consent to adoption – whether declaration of parentage should be made – where sole adoptive parent seeks orders - whether change of name should be approved Legislation Cited: Adoption Act 2000 (NSW), ss 8, 27, 52, 54, 67, 72, 88, 90, 91, 92, 101, 180 Births, Deaths and Marriages Registration Act 1995 (NSW), s 19 Children and Young Persons (Care and Protection) Act 1998 (NSW) Status of Children Act 1996 (NSW), s 21, 23 Cases Cited: Adoption of Ashleigh (a pseudonym) [2024] NSWSC 763 Adoption of BL [2018] NSWSC 391 Adoption of NG (No 2) [2014] NSWSC 680 Adoption of RCC and RZA [2015] NSWSC 813 Adoption of Taylor-Clay [2019] NSWSC 27 Application of A - re D [2006] NSWSC 1056 Farnell v Penhalluriack (No 2) [2008] VSC 214 In re W (A Child) (Adoption: Grandparents' Competing Claim) [2017] 1 WLR 889; [2016] EWCA Civ 793 Re the Adoption of AJH [2017] NSWSC 1751 Re ASK and the Adoption Act 2000 [2017] NSWSC 521 Re B (A Minor) [2001] UKHL 70; [2002] 1 All ER 241 Re the Adoption of CCS and FLS [2019] NSWSC 71 Director General Department of Human Services; Re M [2011] NSWSC 369 Re: "M" [2002] NSWSC 158 Secretary, New South Wales Department of Family and Community Services by his delegate, Principal Officer, Barnardos Australia v MB and JW [2017] NSWSC 1087 Category: Principal judgment Parties: Secretary, NSW Department of Communities and Justice (Plaintiff) Representation: Solicitors: NSW Department of Communities and Justice (Plaintiff) File Number(s): 2024/00264716 Publication restriction: This judgment has been anonymised pursuant to s 180 of the Adoption Act 2000 (NSW)